

REVISION OF 1915. 


STATE OF MICHIGAN 


LAWS RELATING TO 




APRIL PRESIDENTIAL PRIMARY ELECTION 
PRIMARY FOR NATIONAL COMMITTEE¬ 
MAN, ABSENT VOTERS, CORRUPT 
PRACTICES AND OTHER 
RELATED SUBJECTS 





COMPILED UNDER THE SUPERVISION OP 

COLEMAN C. VAUGHAN 

SECRETARY OF STATE 



BY AUTHORITY 


LANSING, MICHIGAN 

WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 




























































































REVISION OF 1915. 


STATE OF MICHIGAN 

•i 


LAWS RELATING TO 



H 


H 


CT10I 


APRIL PRESIDENTIAL PRIMARY ELECTION 
PRIMARY FOR NATIONAL COMMITTEE¬ 
MAN, ABSENT VOTERS, CORRUPT 
PRACTICES AND OTHER 
RELATED SUBJECTS 


COMPILED UNDER THE SUPERVISION OP 

COLEMAN C. VAUGHAN 

SECRETARY OF STATE 



BY AUTHORITY 


LANSING, MICHIGAN . 

WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 

1915. 































4 


to ' 

n** 





Do of D. 

•A" 3 1917 


) 

i a j> 





TABLE OF CONTENTS. 


Pages. 

Primary election law. 5-33 

Presidential primary law. 33-35 

Absent voters’ act. 35-41 

Primary for national committeemen. 41-43 

Selection of state central committees. 43 

Central polling places in fourth class cities. 44 

Primary to nominate candidates for school offices. 44-45 

Qualifications of female electors. 45-46 

Corrupt practice act. 46-51 

Triplicate inspectors’ statement. 51 

2 


















t* 






























/ 























PRIMARY ELECTION LAW. 


AN ACT relative to the nomination of party candidates for 
public office and delegates to political conventions, to regu¬ 
late primary elections and to prescribe penalties for viola¬ 
tions of its provisions, and to provide for the printing upon 
election ballots of the names of candidates nominated un¬ 
der the terms of this act, and to repeal act number four 
of the public acts of the extra session of the year nineteen 
hundred seven, and all, local primary election acts contra¬ 
vening the provisions of this act, except as in this act other¬ 
wise provided. 


[Act 281. P. A. 1909.] 

The People of the S'fate of Michigan enact: 

Section 1. Whenever any primary election shall be held 
in this State or in any city, county, or district in this State, 
pursuant to the provisions of this act, the nomination of can¬ 
didates for the offices herein named, by each political party, 
shall be made by direct vote of the registered and qualified 
voters of such political party in the State or in any district, 
countv, or city in this State, as the case may be, in the man- 
ner hereinafter provided. 

Am. 1913, Act 118. 

Sec. 2. All primary elections shall, except as herein other¬ 
wise provided, be conducted and regulated as near as may be 
in every particular as prescribed by law for the regulation 
and conduct of general elections. The provisions of the gen¬ 
eral election law shall apply to primary elections with respect 
to the giving of notice of registration and election, in fixing 
places for holding such election, providing the ballot boxes 
with the necessary equipment and supplies, in giving notice 
of meetings of boards of canvassers, in canvassing and certi¬ 
fying the result of the primary election and in giving notice 
of primary elections except as the contrary may be herein 
expressed, and all officers required to perform similar duties 
under the general election law shall be required to perform 
such duties under this act, with like power and compensation. 
All expenses of primary elections shall be defrayed from the 


Nomination 
by direct vote. 


Primary 
elections, how 
conducted, 
etc. 



6 


STATE OP MICHIGAN. 


“ Primary,” 
term defined. 


Registered 
elector may 
vote. 

Proviso. 


Party nomi¬ 
nation for 
city offices. 


Proviso. 


same funds from which are defrayed the expenses of an elec¬ 
tion. 

Am. 1911, Act 279 ; 1913, Act 118. 

A seal is a necessary part of the equipment under the general election law.— 
Ritze v. Bd. of Canvassers of Iron Co., 172 / 423. 

Sec. 3. The words “primary” or “primary election,” as 
used in this act, shall be construed to mean an election for 
the purpose of deciding by ballot who shall be the nominees 
of political parties for the offices named in this act or for the 
election by ballot of delegates to political conventions. The 
words “qualified elector” shall be construed to mean an elec¬ 
tor who is qualified under the general election law, to vote 
for a member of the legislature in this State. 

Sec. 4. No person shall be permitted to vote at any pri¬ 
mary election held in this State, unless he shall be a regis¬ 
tered and qualified elector of this State: Provided, how¬ 
ever, That any qualified elector may be registered and be 
eligible to vote at any primary election if he shall appear in 
person before the city or township clerk or other officer in 
charge of the registration book, and take the oath required 
as to qualifications for registration, and request that his name 
be registered therein. The inspectors shall register any per¬ 
son who shall on any primary day appear and make oath or 
affirmation to the effect that he is a qualified elector in such 
precinct, or when they personally know him to be such. Any 
person registered on any primary day as prescribed herein, 
shall be entitled to vote at the succeeding election without 
other registration. There shall be no other registration day 
or days for either a primary, a general or a city election, 
except that prescribed by the general election laws and in 
this act. 

Am. 1911, Act 279; 1913, Act 118. 

Sections 5, 6, 7, 8, 9, 10 and 11, providing for party enrollment of electors, 
were repealed by Act 118, P. A. 1913. But the amendment of 1915 (Act 
313) provides for printing separate party tickets. 

Sec. 12. The question of the nomination of party candi¬ 
dates for city offices, in cities having a population of less 
than seventy thousand, may be submitted or resubmitted to 
the qualified electors of such city upon petition therefor 
signed by a number of voters of such city, which number 
shall constitute not less than twenty per centum of the total 
number of votes cast in such city for secretary of state at the 
last preceding November election. Such proposition may be 
submitted or resubmitted at any primary election: Provided, 
That a resubmission in any city shall not take place within 
two years after such question has been decided either affirma¬ 
tively or negatively by a majority of the qualified voters of 
such city voting on such proposition. 


Am. 1911, Act 279. 




PRIMARY ELECTION LAWS. 


7 




Sec. 13. The petition referred to in the preceding section Petition, 
relative to city offices in cities having a population of less addressed 
than seventy thousand, shall be addressed to the city clerk 
and shall be delivered to said city clerk at least thirty days 
before the date of the election on which the proposition is to 
be voted upon by the voters of said city. 

Am. Id. 


Sec. 14. The said petition shall be substantially in the Form of. 
following form: 

We, the undersigned, voters of the city . 

of . respectfully petition that the 

question of direct nomination of party candidates for. 

. shall be submitted (or resubmitted) to the 

qualified electors of said city on the ... 

(Signed). 


Am. Id. 

Sec. 15. The said city clerk shall examine said petition and city; clerk 
if it is found that a sufficient number of voters have signed t0 glve notlce ' 
said petition, he shall give notice as near as possible in the 
manner now provided by law for giving notice of general 
elections in this State, that at an election to be held pur¬ 
suant to the provisions of this act (giving the date), the 
proposition will be submitted or resubmitted to the qualified 
electors of said city, referred to in such petition or petitions 
whether the nomination of party candidates for the offices 
named in said petition or petitions shall thereafter be made 
in such city by direct vote, and the proper board of election 
commissioners under the general election law shall cause to 
be printed on the ballot to be used at such primary election, Ballot, 
in substance, the following words: form of ’ etc> 

Instruction: Make a cross in the square to the left of the 
words “Yes” or “No” on each proposition submitted. 

Primary election system for the nomination of candidates 
for .offices. 

[ ] Yes. 

[ ] No. 

The color of the ballots shall be the same as is prescribed 
by law for ballots for a general election. The size and form 
of the ballots other than as herein directed, shall be pre¬ 
scribed by the said board of election commissioners. The canvass, 
votes cast at such election shall be canvassed, and returns 
thereof made in like manner as is provided for the canvassing 
of votes and the making of returns of any general election in 
such county or city by the terms of existing law. All candi- Circuit judges, 
dates for circuit judge shall, be selected in accordance with 











8 


STATE OF MICHIGAN. 




Proviso. 


Primaries, 
when held. 

Canvass. 


August 

primary. 


Proviso. 


March 

primary. 


Proviso. 


Proviso, 
commission 
form of gov¬ 
ernment. 


Special 

election. 


the provisions of this act: Provided, That all.duties imposed 
upon city or county clerks shall in the case of judicial dis¬ 
tricts composed of more than one county be performed by 
the secretary of state. The provisions of this act relative to 
the nomination of candidates for district offices are as far as 
possible made applicable to the election of candidates for cir¬ 
cuit judge. The primary election for the election of candi¬ 
dates for circuit judge shall be held on the first Wednesday 
in March prior to the election. The vote cast for candidates 
in judicial districts shall be counted and canvassed in the 
same manner as the vote cast on the election of circuit judge. 

Am. Id. 

It was the intention of the legislature to fix the first Wednesday in March for 
the nomination of candidates for county offices by primary petitions.—Mandell 
v. Farrell, 104/ 585. 

Sec. 16. A general primary election for all political 
parties shall be held in every election precinct in this State 
on the last Tuesday in August preceding every general No¬ 
vember election, at which time the registered and qualified 
voters of each political party shall vote for party candidates 
for the office of governor, lieutenant governor, and United 
States senator : Provided, That no nomination for the office 
of United States senator shall be made, unless such official 
is to be elected at the next session of the legislature. A 
general primary election for all political parties shall also 
be held on the first Wednesday in March prior to the spring 
election at which time the registered and qualified voters of 
each political party shall vote for candidates for count} 7 offices 
filled at the spring election; for candidates for circuit judge 
and for candidates for city offices in cities in which the 
provisions of this act are applicable: Provided, That in those 
cities in which the provisions of this act are applicable and 
in which city officers are elected at a time other than the gen¬ 
eral November election or the spring election, the primary 
election in such city shall be held on the third Tuesday prior 
to the charter election and all of the provisions of this act 
shall be made applicable thereto. Whenever a regular or 
special primary election is required by the provisions of this 
act to be held in anv county or district it shall be held in 
every portion thereof regardless of whether there are any 
candidates for any city offices to be nominated at such reg¬ 
ular or special primary election: Provided, That the pro¬ 
visions of this act shall not apply to any city which may 
have or which may hereafter adopt a commission form of 
government or in which city officers are elected on a non¬ 
partisan ballot, except as the charter of such city may make 
the provisions hereof applicable. Whenever a special elec¬ 
tion shall be called to fill any vacancy in any office, the can- 
didates for which are regularly nominated in accordance with 
the provisions of this act, a special primary election for all 
political parties shall be held in the city, county or district in 



PRIMARY ELECTION LAWS. 


9 


which such vacancy occurs, on such day as may be fixed by 
the authority calling the special election but not less than 
ten da} r s prior to the date of such special election. In the 
case of a special primary election, it shall be the duty of the 
proper board of election commissioners to prepare the neces¬ 
sary number of ballots for every political party participating 
in the last preceding regular primary election. The pro¬ 
visions of this act, relative to the printing, distribution, etc. r 
of primary election ballots shall be applicable to the ballots 
prepared for use at a special primary election. The ballots Ballots, 
shall be prepared in such manner that the voters of each 
political party may write, print or paste the name of a can¬ 
didate thereon. The name of a candidate shall not be printed 
upon any ballots prepared for use at a special primary elec¬ 
tion. The provisions of this act shall be applicable in all par¬ 
ticulars to special primary elections except as the contrary 
is indicated in this section: Provided, That it shall be un- Proviso, 
lawful for any person directly or indirectly at any regular or blips ’ etc ‘ 
special primary election to distribute slips or pasters, or elec¬ 
tioneer or induce or attempt to induce any person to vote 
or refrain from voting in a particular way within any polling 
place or within one hundred feet thereof. It shall be lawful 
to call a special election for the submission of any proposi¬ 
tion on any regular or special primary election day. 

Am. 1911. Act-279 ; 1913, Act 118. 

This section, as amended in 1911. was applicable to the office of circuit judge 
which became vacant after the spring election and 30 days or more prior to the 
regular November election. Primary petitions to nominate candidates were 
properly received and filed by the secretary of state.—-Oren v. Secretary of 
State, 171/590. 

Sec. 17. In every congressional district in this State congressmen, 
there shall be nominated at the said August primary elec- nominatlon of - 
tion, by direct vote of the registered and qualified voters of 
each political party within such district, a party candidate 
for representative in congress. In every senatorial district state 
in this State there shall be nominated at the said primary &enators ' 
election, by direct vote of the registered and qualified voters 
of each political party within such district, a party candi¬ 
date for State senator. In every representative district in state rep- 
this State there shall be nominated at the said primary elec- resentatlve3 - 
tion, by direct vote of the registered and qualified voters of 
each political party within such district, a party -candidate 
or candidates as the case may be, for representative in the 
State legislature. In every county in this State there shall County 
be nominated at the said primary election by direct vote of officers - 
the registered and qualified voters of each political party 
within such county, party candidates for county offices to 
be voted for at the November election following. In every city, etc., 
city of the State having a population of seventy thousand or officers - 
more, there shall be nominated at said August primary elec¬ 
tion or on the first Wednesday in March preceding any April 
election, whenever a city or county election in said city or 




10 


STATE OF MICHIGAN. 


Proviso. 


Proviso. 


Delegates to 

county 

convention. 


county is held in April, by direct vote of the registered and 
qualified voters of each political party within such city or 
county, party candidates for ward, city or county offices. 
In any city in this State having a population of less than 
seventy thousand in which the voters have decided in accord¬ 
ance with the provisions of this act, in favor of direct nom¬ 
inations of party candidates for city offices, when such offices 
are to be voted for at the November election following, there 
shall be nominated at the said primary election by direct 
vote of the registered and qualified voters of each political 
party within such city, party candidates for city offices: 
Provided, That if upon the expiration of the time for filing 
petitions in any primary for city or county, it appears that 
there is no opposition to any candidate for any office, upon 
any ticket, then the city or county clerk, as the case may be, 
shall certifv to the board of election commissioners, the names 

ft/ 7 

of all persons whose petitions have been properly filed, and 
the office for which such petitions were filed, and such per¬ 
sons shall be declared by such board of election commission¬ 
ers nominees for the respective offices and such clerk shall 
forthwith notify the sheriff of the county and the several 
clerks of the townships interested, if any, and give notice 
that the primary will not be held as contemplated, giving 
the reasons therefor, and a public notice shall be given of 
such determination by .a brief notice published by such clerk 
in a newspaper published in such county: Provided, That 
if upon the expiration of the time for filing petitions in any 
primary, the secretary of state shall find within a given dis¬ 
trict that there is no opposition for any office upon any ticket, 
he shall forthwith give notice to the clerks of the several 
counties embraced, forthwith certifying the names of the can¬ 
didates and the office to which they aspire, to the State board 
of canvassers, who shall declare them the nominees for the 
respective offices, and shall give notice to the clerks of the 
several counties embraced in such district, and if the clerk 
shall find that there is no opposition for any office upon any 
ticket for a county office, then it shall be the duty of such 
clerk to forthwith give notice to the several township clerks 
interested that a primary will not be held as contemplated, 
but in no event shall a primary election be abandoned in any 
township, .city, county or district wherein there shall be 
opposition for any office, upon any ticket. In those instances 
in which the duties of two officers are combined, all nomi¬ 
nation petitions shall include and name the two offices. 

Am. Id. 

Sec. 18. There shall also be elected at the August primary, 
by direct vote of the registered and qualified voters of each 
political party in said county, as many delegates in each 
township, ward or precinct, as the case may be, as such 
political party in such township, ward or precinct shall be 



PRIMARY ELECTION LAWS. 


11 


entitled to by the call issued by the county committee of 
such political party for the county convention thereafter to 
be held by such political party within said county in that 
year for the purpose of electing delegates to the State con¬ 
vention called for the purpose of nominating candidates 
for State offices, to be voted for at the November election. 

In case of any vacancy in anv delegation from any election 
precinct, township or ward, to the county convention, sucli 
vacancy shall be filled by the delegates present from the 
ward or township in which the vacancy occurs. The State Apportion- 
central committee of each political party shall, at least thirty ment ‘ 
days before the August primary herein provided for, certify 
to the board of election commissioners of each county and 
to the chairman of the county committee of such party, the 
number of delegates to which such county shall be entitled 
in the State convention of such party; and the said State 
central committee shall apportion such delegates to the sev¬ 
eral counties in proportion and according to the number of 
votes cast for the candidates of such party for secretary of 
state in each of said counties respectively at the last pre¬ 
ceding November election. The name of any candidate for 
delegate to the county convention shall not be printed upon 
the official primary election ballot, but one or more such 
names may be placed on such ballot by printed slips pasted 
thereon by the voter. The county committee shall in its 
call indicate whether delegates are to be selected by precincts 
or by wards. In cities in which there are no wards the dele¬ 
gates to which such cities are entitled shall be elected from 
the entire city. The chairman of the township, ward or 
city committee as the case may be, shall notify by mail each 
person elected as a delegate to the county convention: Fro- Proviso, 
vided, That when a primary election is not held prior to 
the spring election delegates to the county convention shall 
be selected in a convention. 

Am. Id. 

Sec. 19. It shall be the duty of the board of election com- Ballots, who 
missioners of each county in this State to prepare and furnish etc Prepare ’ 
the necessary official primary election ballots except for city 
offices which may be required for use at the August primary. 

Such ballots shall contain the instructions as to the method 
of voting. Ballots other than those furnished by the board 
of election commissioners, according to the provisions of this 
act, shall not be used, cast or counted in any election pre¬ 
cinct, at any such primary election. The size of all official 
ballots shall be such as the board of election commissioners 
shall prescribe. It shall not be lawful for the printer of 
such ballots or any other person to give, or deliver to, or 
knowingly permit to be taken, any of said ballots by any per¬ 
son other than the board of election commissioners for which 
such ballots are being printed, or to print or cause or per- 
3 




12 


STATE OF MICHIGAN. 


Proviso, 

instruction 

ballots. 


Names 
printed on 
ballots. 


Proof copies 
sent each 
candidate. 


Delegates. 


County 
chairman to 
certify 
number of 
delegates. 


mit to be printed any ballots in any other form than the 
one prescribed by this act, or with any other name thereon, 
or with the names misspelled, or the names or devices thereon 
arranged in any other way than that authorized and directed 
by the said board of election commissioners : Provided, That 
it shall and may be lawful for the chairmen of committees, 
and candidates named on the official ballot to procure any 
number of facsimiles of the ticket to be printed on yellow 
paper and to circulate the same for the purpose of the in¬ 
struction of voters; and said colored ballot to have printed 
at the head the words, “Instruction Primary Ballot.’ 7 

Am. Id. 

Sec. 20. The said ballots so prepared by the board of elec¬ 
tion commissioners in each county shall include the names 
of all candidates for the particular political party for the 
office of governor, lieutenant governor and United States 
senator, and shall include the names of all candidates for 
district offices, and in each county the names of all can¬ 
didates for county offices. Proof copies of the ballots so 
prepared shall be placed on file in the office of the county 
clerk, at least ten days prior to each primary election, and 
one proof copy of such ballot shall be sent by registered mail 
with return receipt demanded to each candidate at his last 
known address whose name appears upon such ballot. It 
shall be the duty of the board of election commissioners to 
correct such errors as may be called to their attention. No 
candidate shall have his name printed upon any official pri¬ 
mary election ballot of any political party in any voting pre¬ 
cinct in this State, unless he shall file nomination petitions 
according to the provisions of this act and all other require¬ 
ments of this act have been complied with in his behalf. The 
said ballots shall also contain as many lines as there are 
delegates to be elected to the county convention by the par¬ 
ticular political party. Such lines, upon which may be placed 
the names of proposed delegates to the county convention, 
shall be printed under the title “Delegates to county con¬ 
ventions” and no ballot for a delegate to a county convention 
of any political party shall be counted unless prepared and 
voted under authority of this act. 

Am. 1911, Act 279 ; 1913, Act 13. 

Sec. 21. The chairman of the county committee of each 
political party shall certify to the board of election commis¬ 
sioners at least twenty-five days before the holding of such 
primary election, the number of delegates to which each elec¬ 
tion district of said county will be entitled at the county 
convention of said political party to be held in said county 
in said year for the purpose of electing delegates to a State 
convention called for the purpose of nominating party candi- 




PRIMARY ELECTION LAWS. 


13 


dates for State offices. It shall be the duty of the board of Election com- 
election commissioners of any city having a population of SJty °of er3 ’ 
seventy thousand or more, or of any city having a population 
of less than seventy thousand, in which the voters have 
adopted the provisions of this act, to prepare the necessary 
election ballots for use of the registered and qualified voters 
of such city. The said city board of election commissioners 
shall be governed by the same rules as are prescribed for 
the preparation of ballots by the board of election commis¬ 
sioners of the county. The ballots so prepared by the board 
of election commissioners of any city shall be separate from 
any other ballot. 

Am. 1911, Act 279 ; 1913, Act 118. 

Sec. 22. The number of ballots to be printed for use at Ballots, 
any primary election in any election precinct shall be a t numberof - 
least twenty-five per centum more than the total number of 
votes cast therein at the last preceding election for secretary 
of state. The official primary election ballots shall be on file 
at the office of the county clerk, or city clerk, as the case may 
be, for public inspection at least three days prior to distri¬ 
bution for use at the primary election. 

Am. 1913, Act 118. 


Sec. 23. It shall be the duty of the secretary of state to Pamphlet 
cause to be printed pamphlet copies of this act and to furnish to P be printed, 
to the county clerk of each county and to the city clerk of etc - 
any city nominating under the provisions of this act, a suffi¬ 
cient number of copies thereof to enable said clerks to fur¬ 
nish at least two copies to each board of primary election 
inspectors in the particular city or county at the same time 
that other supplies for an election are furnished. 

Sec. 24. The official primary election ballots shall be pre- official pri- 
pared in the following form: At the top of each ballot shall how y prepared. 
be printed in large type, “Official primary election ballot.” 
Underneath such heading shall be printed the date of the 
election at which the ballot is to be used, together with a 
designation of the political subdivision, as county, district, 
city, ward et cetera, in which it is to be used. Then shall 
follow in bold faced type, the name of the political party and 
the vignette, below which shall appear the following instruc¬ 
tion to voters: Make a cross in the square to the left of as 
many names for each office as may be indicated under the 
title of such office. Under this heading shall appear the 
names of the candidates seeking nomination for various 
offices on the ticket of the political party. The order of the 
offices on the ballot shall be the same, as near as may be, as 
is required by law in making up the ballot used at general 
elections. The title of the office shall be immediately above 
the names of the candidate or candidates for the nomination 
for such office, and under such title the words “Vote for,” 



14 


STATE OF MICHIGAN. 


Ballots to be 
numbered. 

Separate 
ballots for 
parties. 


Alternation of 
names. 


Position of 

names 

changed. 


How piled. 


To be 

numbered 

consecutively. 


Sealed and 
distributed. 


followed by the word “one” or “two” or such other word as 
will designate the number of candidates for the nomination 
to such office that may be voted for. The names of the dif¬ 
ferent candidates shall be separated from each other by a 
light-faced rule with a square at the left of. each name. The 
spaces devoted to the candidates for nomination to different 
offices shall be separated by a black-faced rule so as to sepa¬ 
rate each office division distinctly. The ballots for each elec¬ 
tion district shall be numbered consecutively in the manner 
provided by the general election law. Ail names of candi¬ 
dates of each political party shall be printed on a separate 
ballot and said ballot may be in one or more columns as may 
be determined by the board of election commissioners pre¬ 
paring the same. If two or more columns are used on the 
ballot, the columns shall be separated by a black line not less 
than one-twelfth of an inch in width. The names under the 
heading designating each official position, where there are 
more names than there are candidates to be nominated for 
such office, shall be alternated on the ballot of each party 
casting not less than ten per centum of the total vote cast in 
the .county or other political subdivision at the preceding 
November election for the office of Secretary of State. Said 
names shall be printed on the ballot! in the following man¬ 
ner : 

The forms shall be set up with the names of the candidates 
arranged alphabetically according to surnames. In printing 
each set of ballots for the several election precincts, the rela¬ 
tive positions of the different names printed in each division 
shall be changed as many times as there are candidates in 
that division having the most names. As nearly as possible 
an equal number of tickets shall be printed for each change. 
In making the changes of position, the printers shall take the 
line of type at the head of each office division and place it at 
the bottom of the division and shove up the column so that 
the name that before was second shall be first after the 
change. After the ballots are printed and before they are 
trimmed, they shall be kept in separate piles, one pile for 
each change in position, and shall then be piled by taking one 
ballot from each pile and placing it upon the pile to be trim¬ 
med in such manner that each alternative ballot shall have 
the names in a different relative position. Thereupon, the 
ballots shall be numbered consecutively on the upper right 
hand corner upon the front of the ballot with a perforated 
line across said corner and underneath said number so that 
said corner with the number thereon may be torn off. After 
the ballots shall be trimmed and done up in sealed packages, 
they shall be distributed for use at the primary election in 
the same manner as is now provided by law for the distribu¬ 
tion of ballots to be used at general elections. Ballots shall 
be prepared in substantially the following form: 




PRIMARY ELECTION LAWS. 


15 


* 

No. 

OFFICIAL PRIMARY ELECTION BALLOT 

Primary election to be held .;. 10 _ 

in the Township of.Comity of. 

or .District of the.ward of the 

City of. 

.Party. 

(Vignette) 

Make a cross in the square to the left of as many names for each 
office as may be indicated under the title of each office. 


NATIONAL. 

LEGISLATIVE. 

United States Senator. 

State Senator. 

Vote for one. 

.District. Vote for one. 

\ 

□ JOHN DOE. 

□ JOHN DOE. 

□ RICHARD ROE. 

□ RICHARD ROE. 

□ 

□ 



STATE. 


• 

Governor. 

Representative in State Legislature. 

.District. Vote for one. 

Vote for one. 


□ JOHN DOE. 

□ JOHN DOE. 

□ RICHARD ROE. 

□ RICHARD ROE. 

. 

□ 

□ . • 



CONGRESSIONAL. 

COUNTY. 

Representative in Congress.District. 

Judge of Probate. 

Vote for one. 

Vote for one. 

□ JOHN DOE. 

□ JOHN DOE. 

□ RICHARD ROE. 

□ RICHARD ROE. 

□ 

□ 






































































16 


STATE OF MICHIGAN. 


Signatures 
required for 
certain 
officers. 


District 

officers. 


Proviso. 


Am. 1913, Act 118; 1915, Act 313. 

Some showing or evidence of a candidate’s right to appear on the official bal¬ 
lot should be iu the hands of the boards of election commissioners to warrant 
the board in causing the name of the candidate to be placed thereon.—Brown 
v. Kent Co. Elec. Com’rs, 174 / 477. 

Sec. 25. To obtain the printing of the name of any can¬ 
didate of any political party for United States senator or for 
governor or lieutenant governor under the particular party 
heading upon the official ballots for any primary election 
held in this State, pursuant to the provisions of this act, 
there shall be tiled with the secretary of state nomination 
petitions, signed by a number of registered and qualified 
voters residing in this State, equal to not less than two 
per centum nor more than four per centum of the number of 
votes that such party cast for secretary of state at the last 
preceding November election. 

Am. 1913, Act 118. 


Sec. 26. To obtain the printing of the name of any can¬ 
didate oT any political party for any district office under the 
particular party heading upon the primary election ballots 
in the various voting precincts of the district when such 
district is comprised of one county or less, there shall be 
tiled with the county clerk of such county, nomination pe¬ 
titions, signed by a number of registered and qualified voters 
equal to not less than two per centum nor more than four 
per centum of the number of votes that said party cast there¬ 
in for secretary of state at the last preceding November 
election and in the case of a district office; in a district com¬ 
prising more than one county, to obtain the printing of the 
name of any candidate of any political party under the par¬ 
ticular party heading upon the primary election ballots in 
the various voting precincts of said district, there shall be 
filed with the secretary of state, nomination petitions, signed 
by a number of the registered and qualified voters residing 
in such district equal to not less than two per centum nor 
more than four per centum of the. number of votes that the 
party cast therein for secretary of state at the last preceding 
November election: Provided, That when there are two or 
more candidates for representative in the State legislature 
to be nominated by each political party in a single represen¬ 
tative district, to obtain the printing of the name of any 
candidate of any political party under the particular party 
heading upon the primary election ballots in the various 
voting precincts of such district, there shall be filed, with 
the county clerk of the county of which such district forms 
a part, nomination petitions signed by a number of registered 
and qualified-voters residing in such district, equal to not 
less than one per centum nor more than four per centum of 
the number of votes that the party cast in such district for 
secretary of state at the last preceding November election, 



PRIMARY ELECTION LAWS. 


17 


divided b t y the number of representatives to which such dis¬ 
trict is entitled in tlie State legislature. 

Am. Id. 


Sec. 27. To obtain the printing of the name of any can- county 
didate of any political party for a county office under the officers - 
particular party heading upon the official primary election 
ballots in the various voting precincts of a county, there 
shall be tiled with the county clerk of said county nomina¬ 
tion petitions signed by a number of registered and qualified 
voters, who reside in the county, equal to not less than two 
per centum nor more than four per centum of the number 
of votes that such political party cast in such county for 
secretary of state at the last preceding November election. 

To obtain the printing of the name of any candidate of any city officers, 
political party for a city office including all ward offices under 
the particular party heading on the official primary election 
ballots for use in such city, there shall be filed with the city 
clerk of such city such nomination petitions signed by a num¬ 
ber of registered and qualified voters of such political party 
and who reside in such city, equal to not less than two per 
centum nor more than four per centum of the number of. 
votes that such political party cast therein for secretary of 
state at the last preceding November election. All said nom- Who may sign 
ination petitions may be signed by registered and qualified 
voters residing in any part of a ward for a ward office, iu 
any part of a city for a general city office, or any part of a 
county for a county office, or any part of a district for a dis¬ 
trict office, or any part of the State for a State office: Pro- proviso, 
vided, That in cities or counties of two hundred fifty thou¬ 
sand population or more, in lieu of the above petition, a 
petition therefor, signed by the candidate, which shall state 
the name of the candidate, his residence, street, house num¬ 
ber and the political party of which he is a member, and the 
office sought, may be filed with the clerk of the county or* 
city where said candidate resides, as herein provided. Such 
candidate shall at the time pay to the clerk of the city or 
county, as the case may be, a sum of money equal to one- 
half of one per centum of the salary and fees of the preced¬ 
ing year of such office, the amount thereof to be ascertained 
or estimated as nearly as may be by such clerk; and upon 
complying with the above provisions such candidate’s name 
shall be printed upon the primary ballot, if otherwise quali¬ 
fied. 

Am. 1911, Act 279; 1913, Act 118. 

Sec. 28. To obtain the printing of the name of any can- united states 
didate of a new political party for United States senator, senator ’ etc " 
governor or lieutenant governor under the particular party 
heading on the official primary election ballots in the various 




18 


STATE OF MICHIGAN. 


New party 
candidates. 


Proviso. 


voting precincts of this State, nomination petitions signed 
by at least three thousand registered and qualified voters 
residing in the State, shall be filed with the secretary of 
state. To obtain the printing of the name of any candidate 
of a new political party for a district, county or city office, 
under the particular party heading on the official primary 
election ballots in the various voting precincts of such dis¬ 
trict, county or city, as the case may be, such candidate 
shall file nomination petitions with the secretary of state, 
county clerk or city clerk, as the case may be, signed by at 
least one hundred registered and qualified electors residing 
in such district, county or city: Provided, That any quali¬ 
fied and registered elector who resides in the particular dis¬ 
trict, county or city as the case may be, may sign the nomi¬ 
nation petition of any candidate representing a new political 
party. 

Am. Id. 


Form of 
petition. 


Sec. 29. All nomination petitions shall be in the following 
form: 


We, the undersigned registered and qualified voters affi¬ 
liated with the.. party and residents 

of the city of., or the township of 


. in the county of . 

and State of Michigan, hereby nominate., 

who resides at No....street, city of 

., or in the township of ., 

in the county of ., as a candidate of 

the . party for the office of. 

to be voted for at the primary election to be held on the 

., day of., 

as representing the principles of said party. 


Name. Residence. Street number (in cities having street 
Nos.) Date of signing. 


Am. 1913, Act 118. 


Electors not 
to sign more 
than one 
petition. 


Sec. 30. It shall be unlawful for any registered and qual¬ 
ified voter to sign more than one such nominating petition 
for the same office except where there are two or more can¬ 
didates to be nominated for the same office, when he may sign 
as many petitions as there are persons to be elected to such 
office. The same rule shall apply to qualified electors in the 
signing of petitions of candidates of a new political party. 
It shall be unlawful for any candidate to wilfully and in¬ 
tentionally procure more names upon nomination petitions 
than the maximum number prescribed in this act. The 
various county clerks and city clerks shall prepare and keep 
on hand blank forms of nomination petitions for the use of 


















PRIMARY ELECTION LAWS. 


19 


the voters and candidates in said city or county. Nothing 
herein contained shall be construed to prohibit any candi¬ 
date from having his own nomination petitions printed, but 
they must comply substantially with the above form. All Public in- 
such nomination petitions shall be open to public inspection petmons° f 
and subject to examination after being tiled in the office of 
secretary of state, county clerk, or city clerk, in accordance 
with such reasonable rules and regulations as may be pre¬ 
scribed by such officers. The various officers named herein 
shall keep a public record of the nomination petitions filed 
in a book for that purpose, which record shall indicate the 
names of the candidates, the offices sought, and the dates 
when such nomination petitions were filed. 

Am. Id. 


Sec. 31. The secretary of state and the various county petitions, 
clerks and the city clerks of cities in which city officers are fllingof - 
to be elected at the November election shall receive nomina¬ 
tion petitions filed in accordance with the provisions of this 
act up to four o’clock, standard time, in the afternoon of the 
thirty-first day before the August primary, and in counties, 
districts and cities where district and local officers are elected 
at a time other than the November election, the county and 
city clerk thereof or the secretarv of state shall receive nomi- 
nation petitions filed in accordance with the provision^ of 
this act up to four o’clock, standard time, in the afternoon 
of the twenty-first day before the time designated for hold¬ 
ing a primary election in such district, county or city. The Candidates, 
secretary of state, or county or city clerk shall forthwith pre- llst of ‘ 
pare and publicly expose in his office a list of the candidates 
for offices named in the nomination petitions filed in his 
office, as near as may be, as they will appear upon the official 
primary election ballots: Provided, That if any nomination Proviso, 
petitions contain more than the necessary percentage of names 
hereinbefore referred to, the excess over and above the neces¬ 
sary four per centum shall not be considered nor counted. 

The said secretary of state, or county or city clerk, shall Certification, 
forthwith, after the last day named herein for receiving and 
filing nomination petitions, certify to the proper board or 
boards of election commissioners in such city, county, district 
or in the State and to the proper county clerk, the names 
and post office addresses of all party candidates whose peti¬ 
tions meet the requirements of this act, together with the 
name of the political party and the office for which they are 
candidates. In case it is determined that the nomination Deficient 
petitions of any candidate do not comply with the require- 1>etlll0Ils - 
mcnts of this act, or if for any other cause such candidate is 
not entitled to have his name printed upon the official pri¬ 
mary election ballots, it shall be the duty of the secretary ol 
state or county or city clerk to immediately notify such can- 



20 


STATE OF MICHIGAN. 


Primary 
elections, 
how held, 
etc. 


Proviso, 
certain cities. 


Further 

proviso. 


Election 

inspectors. 


Proviso. 


Challenged 

voter. 


Oath. 


didate of such fact, together with a statement of the reasons 
why his name was not certified to the respective boards of 
election commissioners. 

Am. 1911, Act 279. 

Sec. 32. All primary elections for the nomination of party 
candidates for office shall be held by election precincts the 
same as general elections are held, and the polls thereof shall 
be kept open in the respective precincts for the same length 
of time: Provided, That in any city of five thousand popu¬ 
lation or over, the polls of the primary election shall be 
kept open until eight o’clock p. m. standard time, and in 
cities having a population of two hundred thousand or more, 
the polls shall be kept open until ten o’clock p. m., standard 
time: Provided further, That the township board of any 
township or the common council of any city of less than five 
thousand population may direct that the polls be held open 
until eight o’clock p. m., standard time. 

Sec. 33. Each primary election shall be presided over by 
a board of primary election inspectors, which board shall be 
composed of the members of the board of election inspectors 
provided for under the general election law. The provisions 
of the general election law relative to the furnishing and dis¬ 
tribution of ballots, tally sheets, pencils, ballot boxes, ar¬ 
rangement of booths, initialing of ballots, powers and duties 
of inspectors, manner of conducting the election, and all 
other matters shall be applicable hereto except insofar as 
the provisions thereof may be inconsistent herewith: Pro¬ 
vided, however, That the number of persons constituting a 
board of primary election inspectors and the gate keepers 
may in the discretion of the township board or common coun¬ 
cil of cities, be reduced to such a number as may be actually 
necessary to properly perform the duties thereof and in case 
the number is reduced said board or common council shall 
designate who shall act. 

Am. 1911, Act 279; 1913, Act 118. 

Sec. 34. After the polls are opened at a primary election, 
any elector who is legally registered and qualified, shall, 
before entering the booth, be furnished a ballot. It shall 
be competent for any registered and qualified voter or primary 
election inspector present to challenge the right of any one 
offering to vote, on the ground that lie is not a.legal voter in 
that precinct. When the right of any voter to a ballot is 
challenged he shall be required to take and subscribe an oath 
that he is a registered and qualified voter. Such oath shall 
be in the following form: 

I hereby solemnly swear (or affirm) that I am a resident 
and registered and qualified elector, and possess the qualifica¬ 
tions of a legal voter, in the township of. 

or in the.precinct of the 

. ward of the citv of . 

t/ 









PRIMARY ELECTION LAWS. 


21 


If the challenged voter takes and subscribes to the above 
oath he shall then receive the ballot for which he has asked 
and be entitled to vote it, the same as if his vote had not 
been challenged; but unless a challenged voter takes and sub¬ 
scribes to the above oath, he shall not be permitted to vote 
at such primary election. If any person who takes the fore¬ 
going oath, swears falsely, he shall upon conviction thereof, 
be subject to all the pains and penalties of perjury. The pro¬ 
visions of section three thousand five hundred twenty-two of 
the compiled laws of eighteen hundred ninety-seven are ex¬ 
pressly made applicable hereto. A record shall be kept of any 
primary ballot cast by any voter whose right to vote has been 
challenged, in a similar manner to that provided in the gen¬ 
eral election law. 

Am. 1913, Act 118. 

Sec. 35. Each voter after having received his ballot, shall Booths, 
enter a booth and while there concealed from view shall vote 
such ballot by making a cross in the square at the left of How ballot 
the names of such candidates as he may desire to vote for, voted ' 
but in no case for more candidates for any office than is in¬ 
dicated under the title of such office. He may, however, vote 
for any person whose name is not printed on the ballot by 
inserting such name in such manner as shall make it a sub¬ 
stitute for any name which is printed thereon, or where no 
candidate’s name appears upon the ballot: Provided, That Proviso, 
such name substituted is not printed on any other party bal¬ 
lot: Provided further, That no person who is voted for on Further 
any party ballot for any State, district, county or city office, wimrfsubsti- 
whose name is not printed on such ballot, and who has not J^emed 6 ™ 011 
filed a nomination petition for the office voted for, shall nominated, 
be deemed nominated as the candidate of such party for 
such office, nor receive a certificate of nomination unless he 
shall receive a total vote equal to five per centum of the total 
number of ballots cast by such party at such primary in the 
State, district, county or city, as the case may be. The voter How ballot 
shall then fold the ballot so that the perforated corner bear- folded ' 
ing the number shall be on the outside, and shall present it 
to the proper member of the board of inspectors who shall 
tear off the corner bearing the number and shall deposit the 
ballot in the ballot box. When a duly registered and quali- Name and^ 
tied voter shall ask for a ballot as before provided, the in- entered, 
spector shall enter his name upon the list together with the 
name of the party the ballot of which is requested, and the 
number of the ballot given to the voter. The inspector receiv¬ 
ing the ballot after the same has been voted shall, before de¬ 
positing it in the box, ascertain by comparison with such 
list whether the ballot given to him is the same ballot fur¬ 
nished to the voter, and if it is not the same ballot, he shall 
reject it and the voter shall not be allowed to vote at such 



22 


STATE OF MICHIGAN. 


Voter not to 
expose ballot. 


Challengers. 


Counting of 
ballots. 


Delegates. 


How certified. 


Result, how 
declared, etc. 


primary election. If any voter shall, after marking his bal¬ 
lot, so expose it to any person as to reveal the name of any 
candidate voted for thereon, the ballot shall be rejected by 
the board of election inspectors and the voter shall forfeit 
the right to vote at the primary election. A note of such oc¬ 
currence shall be made upon the poll list opposite the name 
of the voter. Challengers who have been duly appointed shall 
be allowed to be present with like powers to challenge voters 
as are provided by law in the case of general elections. 

Am. 1913, Act 118; 1915, Act 313. 


Sec. 36. After the closing of the polls on the day of hold¬ 
ing any primary election, the ballots shall be counted as pro¬ 
vided by law for the counting of the ballots of any regular 
election. In counting such ballots only those candidates for 
nomination to office who have a cross made in the square 
at the left of their names shall be deemed to have been voted 
for, and any ballot upon which the voter fails to indicate his 
party choice by making a cross in the circle at the head of the 
party column shall [be counted;] Provided the voter does not 
vote for any candidate in more than one party column, but if 
the voter votes in more than one party column the ballot shall 
be void and shall not be counted and any ballot upon which 
more candidates for any office have been voted for than may, 
by law, be elected to such office, or any ballot upon which any 
candidate is voted for outside the party column designated by 
the voter as his party ticket by the placing of a cross in the 
circle at the head of such ticket shall be rejected as to all 
names appearing for that office. The required number of 
electors who received the highest number of votes for dele¬ 
gates to the county convention of any political party shall 
be declared by the board of primary election inspectors to 
be elected. Said board shall certifv to the county clerk the 
names of the electors so elected as delegates, naming the po¬ 
litical party upon whose ballots such electors were elected. 
Said board shall also certify to each delegate so elected, his 
election as such delegate. The county clerk shall certify to 
the chairman of the county committee of each political party 
of the county the delegates elected by each political party 
as delegates to the county convention. 

Am. 1913, Act 118. 

Sec. 37. After the votes at any primary election in any 
election precinct shall have been counted, the officials count¬ 
ing the same shall publicly declare the result, and forthwith 
make and certify written detailed statements, such as are 
required by law for general elections, except as hereinafter 
provided, showing the whole number of votes cast in such elec¬ 
tion precinct for each candidate voted for on each party bal¬ 
lot, and shall certify, subscribe and seal in a separate envelope 




PRIMARY ELECTION LAWS. 


23 


such statements and one of the tally sheets, and write there¬ 
on the name and number of the election precinct, if any, and 
deliver such statements and tally sheets to such persons and 
at such times as are required by law for general elections. 

As soon as they have completed the counting of the votes of Ballots, 
their respective precincts they shall return all the ballots dlsposal of - 
voted to the ballot boxes, and all books, unused ballots, sup¬ 
plies, lists and subscribed oaths shall be safeguarded and re-" 
turned, as near as may be, in the manner provided for by 
law governing general elections. 

Am. 1911, Act 279 ; 1913, Act 118. 

Sec. 38. The returns of said primary election shall be canvass, 
canvassed and the results declared in the same manner and 
within the same time after the primary election and by the 
same officers as is provided by the general law for canvassing 
the returns and declaring the result in city, county, district 
and State elections, except that in the case of nominations 
for United States senator, governor, or lieutenant governor, 
or officers from districts comprising more than one county, 
the county clerks of each county affected shall transmit to 
the secretary of state, within ten days after the primary elec¬ 
tion, certified copies of the number of votes received by each 
of the candidates for the nomination of any of the said offices. 

The secretary of state shall appoint a meeting of the board canvassers, 
of State canvassers at his office not later than twenty days meeting of - 
after the primary election, which date shall be certified to the 
chairman of the State central committee of each political 
party, for the purpose of canvassing the votes of the candi¬ 
dates for such office. The said board shall proceed in the Votes, how 
same manner in canvassing the votes, certifying, recording canvassed - 
and determining results, etc., for nomination for United 
States senator and governor and lieutenant governor as is 
done in canvassing the votes in the case of election of State 
officials. In canvassing the votes of candidates for members 
of congress, State senators and representatives of the legis¬ 
lature, in districts composed of more than one county, said 
board shall proceed in like manner as is done in the can¬ 
vassing of votes cast for members of congress. 

Sec. 39. The candidate of each political party for nomina- who 
tion for any office who receives the greatest number of votes nominee, 
cast for candidates for any such office as set forth in the re¬ 
turns or as determined by the board of canvassers on the 
recount by it of said ballots, shall be declared the nominee 
of that political party for said office at the next ensuing No¬ 
vember election, or at the next city election, or at the next 
election for United States senator, as the case may be, and 
the board of canvassers shall forthwith certify such nomina¬ 
tions to the respective boards of election commissioners af- 



24 


STATE OF MICHIGAN. 


Proviso, 

United 

States 

senator, 

etc. 


Irregularities. 


Petitioner to 
make de¬ 
posit. 


Notice to 
opponent. 


Canvassers, 
board of, 
when to 
open ballot 
boxes. 


Returns, 
when deemed 
correct. 


fected thereby: Provided, That in the case of a candidate 
for the office of United States senator, the board of state 
canvassers shall forthwith certify the result of the primary 
election to the secretary of state, and the secretary of state 
shall certify said result to the next succeeding legislature on 
the first day of the session. 

Sec. 40. Any candidate voted for at any primary election 
provided for in this act, who conceives himself aggrieved on 
account of fraud or error by the board of primary election 
inspectors, or in the count of the votes cast, or the returns 
made by said board, may, on or before the close of the day or 
days upon which the board of city or county canvassers meet, 
present to and file with the chairman or secretary of the 
particular board of the county or city in which a recount is 
asked, a written or printed petition, which shall be sworn 
to, and shall set forth as near as may be the nature of the 
errors or fraud complained of, and the particular township, 
ward or precinct in which the alleged irregularities occurred 
and ask for a recount of the votes cast therein. Such peti¬ 
tioner shall at the same time deposit with the chairman or 
secretary of said board the sum of ten dollars for each and 
every township or ward, but the whole amount shall not ex¬ 
ceed one hundred dollars in any one county, the vote of which 
he requests to have recounted by said board. When said pe¬ 
tition is filed and the amount herein prescribed is deposited, 
and after giving at least twenty-four hours written notice 
thereof to the opposing candidate by handing to such candi¬ 
date a copy of the petition, or if such candidate cannot be 
found, by leaving such copy at his place of residence, with 
some person of suitable age, if such person can be found, and 
if not by posting it in some conspicuous place upon his last 
known place of residence. It shall be the duty of said board 
of canvassers to investigate the facts set forth in said peti¬ 
tion and to cause the ballot boxes used in such election in 
such township or ward to be brought before it. The said 
board shall thereupon, in some public place where the inter¬ 
ested candidates and their counsel may be present, if they so 
desire, proceed forthwith to open the ballot boxes from such 
townships or wards and to make a recount thereof as to such 
candidates, and make a correct and complete return in writ¬ 
ing showing the full number of votes cast and the names of 
the candidates and the number of votes given to each. When 
the recount of each box is completed the said board shall at 
once return the ballots thereto, carefully lock and seal same 
in the manner provided by law for the locking and sealing 
of ballot boxes, and deliver the ballot boxes to the officer 
having the care and custody thereof. The returns made by 
the said board of canvassers upon such recount shall be deem¬ 
ed to be correct, anything in the previous return from such 
township, ward or precinct, to the contrary notwithstanding. 
In all cases where, by reason of such recount or recounts, 



PRIMARY ELECTION LAWS. 


25 


Hie petitioner succeeds in establishing frauds or mistakes 
sufficient that the total changes made thereby in the territory 
from which he is to be nominated shall result in his nomina¬ 
tion, the money deposited by him with each of such boards 
shall be refunded; otherwise it shall be turned into the treas¬ 
ury of the county or city, as the case may be. If two or more Tie vote, 
candidates of the same political party be tied for the same 
office, the tie shall be determined by lot to be cast then and. 
there, as the canvassing board may direct. 

Sec. 41. The several boards of election commissioners punting of 
shall cause to be printed upon the official election ballots to 0X1 
be used at the November or April election, or at the city elec¬ 
tion, as the case may be, the names of the candidates for 
office selected under the provisions of this act: Provided, Proviso, 
That when anv candidate shall die or shall withdraw as such vaf ' ancy ’ 
candidate before the printing of the ballots, after having 
been nominated as herein provided, the proper board of elec¬ 
tion commissioners shall cause to be printed or placed upon 
such ballot in place of the name of such candidate or to fill 
such vacancy, the name of the candidate which shall be se¬ 
lected by the proper party committee as shown by the cer¬ 
tificate of its chairman and secretary, in the manner provided 
for in the general election law; and for this purpose, in a 
county comprising a single representative or senatorial or 
congressional district, the county committee of each political 
party of each such county shall constitute the representative 
or senatorial or congressional committee of said political 
party for such representative or senatorial or congressional 
district, as the case may be; and in a county comprising more 
than one representative or senatorial or congressional district 
the members of the county committee of each political party, 
residing in each such representative, senatorial or congres¬ 
sional district of such county, shall constitute a committee of 
said political party for such representative or senatorial or 
congressional district, as the case may be, and such commit¬ 
tee shall elect its chairman and other officers; and in repre¬ 
sentative or senatorial or congressional or judicial districts 
comprised of more than one county, the county committee 
provided for in this act, of each political party of each county 
of such representative or senatorial or congressional or judi¬ 
cial district, or the members of the county committee repre¬ 
senting that portion of any county forming part of such rep¬ 
resentative or senatorial or congressional or judicial district, 
as the case may be, shall elect one or more electors of said 
political party, residing within the district that he is to rep¬ 
resent, as a member of the committee of such political party 
for such district: Provided, That the party nominee or none proviso, 
inees, if more than one from the same district, shall have 
the privilege, if he or they so elect, of naming the committee 
of the political party for the district from which he or they 
have been nominated. Such committee shall elect a chairman 




26 


STATE OF MICHIGAN. 


Chairman, 
etc., of county 
committee. 


Proviso 


Further 

proviso. 


County 

conventions. 


Same day 

throughout 

state. 


and other officers of which the chairman shall have a vote on 
all questions. The candidates for county offices nominated at 
each August primary of each political party shall within ten 
days after the said primary election, meet at a time and 
place to be fixed by the then chairman of the county com¬ 
mittee and elect a chairman and secretary of the county com¬ 
mittee who shall hold such position for a period of two years 
and until their successors are selected. When such death or 
withdrawal shall occur subsequent to the printing of the 
official ballots, it shall be the duty of said board of election 
commissioners, if time permits, to forward the various elec¬ 
tion inspectors’ slips containing the name of the candidate 
entitled to fill the vacancy caused by such death, or with¬ 
drawal slips shall be pasted in the proper place upon the 
official ballot by the board of election inspectors. If in any 
case a person is nominated for any office by more than one 
political party, it shall be his duty to elect within five days 
after the official canvass of the returns of said primary elec¬ 
tion upon which ticket he wishes his name to appear, and un¬ 
less such election is made such candidate’s name shall not be 
printed on any ballot: Provided, That in case of the death 
or withdrawal of any candidate as hereinbefore mentioned, 
or in case a candidate is nominated for any office by more 
than one political party, and such vacancy shall not be filled 
by the proper committee within five days from the time of 
its occurrence, the board of election commissioners shall print 
on said official ballot, in place of the candidate who has died, 
withdrawn or elected to have his name appear upon another 
party ticket, the name of the person who received the next 
liighest vote at the primary for that office on such party 
ticket: Provided further, That it shall be unlawful for any 
board of election commissioners to* print on any official elec¬ 
tion ballot prepared for the use of voters at any election the 
name of any candidate required by this act to be nominated 
by primary election, unless such candidate was selected under 
authority of this act and this prohibition shall operate 
against an} 7 candidate selected in any mass convention or by. 
any so-called independent voters at any caucus or conven¬ 
tion. The candidates for city offices, in cities having a popu¬ 
lation of less than seventy thousand, the voters of which have 
not adopted the provisions of this act, shall be nominated in 
convention and the names of such candidates certified to the 
proper board of election commissioners and placed upon the 
official ballots in the manner provided for by existing law. 

Am. 1911, Act 279 ; 1913, Act 11S. 

Sec. 42. The county conventions of all political parties 
for the election of delegates to a State convention for the 
nomination of State officers shall be held within fifteen days 
after the March and August primaries. All such county con¬ 
ventions of any one political party shall be held on the same 



PRIMARY ELECTION LAWS. 


27 


day throughout the State, which day shall he designated by 
tlie State ceutral committee of such political party in its call 
for the State convention to nominate candidates for State 
offices. The time and place of meeting of such county con¬ 
vention shall he designated in the call issued therefor by the 
respective county committees of such political party. The 
number of delegates to which such political party in such 
county is entitled shall be chosen at such county convention. 

The county committee except chairman and secretary shall County 
he chosen by each political party at each county convention when chosen, 
held after each August primary. 

Am. 1911, Act 279. 

Sec. 43. The State convention of all political parties for state con- 
the nomination of candidates for State offices and the selec-. when°heid. 
tion of members of the State central committee shall be held 
within forty days after the August primary and within fifteen 
days after the March primary, but not less than ten days after 
the day appointed for the meeting of the hoard of State can¬ 
vassers for the purpose of canvassing the primary election 
returns mentioned in this act. The particular day and the calls for. 
time and place of meeting shall he designated by the State 
central committees of the various political parties in the calls 
for said State conventions, which calls shall he issued at least 
thirty days prior to the August and March primaries. 

Am. Id. # 

i 

Sec. 44. Whenever the voters of any city of less than sev- when 

• cer t jdn 

enty thousand population shall decide to select party can- cities desire 
didates pursuant to the provisions of this act, the petitions primary or 
for submission or resubmission of the question itself, the nom- resubmit, 
ination of candidates, the printing of ballots, the conducting 
of the primary, and any other provisions for city nominations 
shall be governed, insofar as applicable, by the provisions of 
this act relative to the nomination of party candidates for 
district offices: Provided, That in any city of more than Proviso, 
seventy thousand population the nomination of candidates voting irec 
for city offices by all parties shall be by direct vote, and in required - 
cities of less than seventy thousand population where any 
political party is now nominating its candidates for city 
offices by the direct voting system provided for in this act or 
some former act, every political party in such city shall here¬ 
after so nominate its candidates, unless the qualified voters 
of such city shall decide otherwise, according to the pro¬ 
visions of this act. The primary election in cities having 
adopted the direct voting system for the nomination of can¬ 
didates for city offices to be voted for on the first Monday 
of April provided for in this act shall be held on the first 


5 




28 


STATE OP MICHIGAN. 


All primary 
elections 
governed 
by this act. 


Misdemean¬ 
ors, what 
deemed. 


Penalty. 


Wednesday of March preceding such April election. All pri¬ 
mary elections held in this State shall be governed by and 
conducted in accordance with the provisions of this act. 

Am. Id. 

Sec. 45. Every person who, directly or indirectly, by him¬ 
self or by any other person in his behalf, gives, lends, or 
agrees to give or lend, or offers, or promises any money or 
valuable consideration, or promises or endeavors to procure 
any money or valuable consideration or office, place or em¬ 
ployment, to or for any voter, or to or for any person on 
behalf of any voter, or to or for any person in order to induce 
or have such person induce any voter to vote for or refrain 
from voting for, or support or oppose any candidate, or on 
account of such voter having voted or refrained from voting 
at any primary election in this State; every person who by 
any means receives, agrees or contracts for any money, gift, 
fee, loan or valuable consideration, office, place, appointment 
or employment for himself or any other person, for voting 
or agreeing to vote, or for refraining or agreeing to refrain 
from voting in a particular manner at any such primary elec¬ 
tion; or for inducing, or undertaking to induce any other 
person to vote in a particular manner, or to do or perform 
any of the acts or things forbidden by this act, or on account 
of doing or agreeing to do, or having done any campaign 
work, electioneering, soliciting votes for such candidates on 
primary day or prior thereto, or who after any primary elec¬ 
tion in this State, directly or indirectly, by himself or by 
any other person in his behalf, gives or receives any money 
or valuable consideration or place, position or employment on 
account of any person having voted or refrained from voting, 
or having induced any other person to vote or refrain from 
voting at any such primary election; or having induced or 
undertaken to induce any other person to vote in a particular 
manner or for .any particular candidate at any such primary 
election, or on account of any person having done or been a 
party to doing anything forbidden by this act,'it being the 
intent of this clause to prohibit the prevailing practice of 
candidates hiring with money and promises of positions, etc., 
workers on primary day and prior thereto; also every person 
who in behalf of any firm, partnership, association or cor¬ 
poration, gives, lends or receives, or agrees to give, lend or 
receive, or otters or promises any money or valuable consider¬ 
ation, place, position or employment, or promises or endeav¬ 
ors to procure any money or valuable consideration, in order 
to aid or promote the nomination of any particular candi¬ 
date, shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof shall be punished by a fine not exceeding five} 
hundred dollars or by imprisonment for a period of not more} 
than six months, or by both such fine and imprisonment in' 
the discretion of the court. 




PRIMARY ELECTION LAWS. 


29 


Sec. 4G. Any person who shall, while the polls are open, Misdemeanor, 
at any polling place on any primary day, solicit votes in the what deemed - 
said polling place, or within one hundred feet thereof; any 
person who shall offer or give to any other person any intox¬ 
icating liquors, or drink any intoxicating liquors within any 
such polling place; any person who shall violate any of the 
requirements or provisions of this act for which a penalty is 
not herein otherwise provided; any person who shall refuse or 
neglect to perform any duty enjoined upon him thereby; and 
any member of any primary election board who shall neglect 
or refuse to comply with any provision of this act upon de¬ 
mand of any elector or police or peace officer so to do, and 
any person who shall vote or attempt to vote more than once, 
or in more than one election district at the same primary elec¬ 
tion, and any person who shall vote at any primary election 
or attempt to so vote when he is not legally entitled to so 
vote shall be deemed guilty of a misdemeanor and, upon con¬ 
viction thereof, shall be subject to the punishment prescribed 
in the preceding section, and is hereby made the duty of any 
police or other peace officer present and having knowledge of 
any violation of any of the provisions of this section to forth¬ 
with institute criminal proceedings for the punishment of 
such offender. 

Am. 1913, Act 118. 

1 . 

Sec. 47. It shall be unlawful for any candidate for nomi- Campaign 
nation under the provisions of this act, after the date on unlawful to 
which he has announced himself a candidate for any office post - 
included within the provisions of this act, or after he has filed 
his petition to have his name placed upon the primary bal¬ 
lot, and before the close of the polls of such primary on pri¬ 
mary day, directly or indirectly, by himself or by any other 
person, to post, pay for posting, or cause to be posted upon or 
in any building, or upon any tree, post, fence, bill board, tele¬ 
graph or telephone pole, vehicle or other object within the 
territory where he is a candidate, any campaign card, banner, 
hand bill, poster, lithograph, half-tone engraving, photograph 
or other likeness of himself, or other advertising matter used, 
or intended for the purpose of advertising or advancing his 
candidacy for office. 

Sec. 48. It shall be unlawful for any person, after he has idem, 
declared himself a candidate for any office included in the 
provisions of this act or filed his primary petition therefor 
as herein provided, and before the close of the polls on pri¬ 
mary day, for the purpose of promoting his candidacy there¬ 
for, or for use in his campaign for such office, directly or 
indirectly, to print or cause to be printed, pay or cause to be 
paid for printing, circulate or distribute, or cause to be cir¬ 
culated or distributed, any campaign cards, hand bill, ban¬ 
ner, poster or other advertising matter larger than two and 




30 


STATE OP MICHIGAN. 


Postal 
cards, etc. 


Money, etc., 
soliciting of. 


Lithograph, 
etc., unlawful 
to publish. 


one-fourth inches in width by four inches in length, except 
postal cards and letters, or which contains any lithograph, 
half-tone engraving, photograph or other likeness of himself, 
which likeness is larger than one and one-half inches in width 
by two inches in height, excepting advertisements in news¬ 
papers as hereinafter provided, or to publish or cause to be 
published, pay for publishing, or cause to be paid for pub¬ 
lishing, any printed matter whatsoever, or any lithograph, 
half-tone engraving or other likeness of himself, or any other 
political advertisement of any kind or nature whatsoever 
which is intended, published or manufactured for the pur¬ 
pose of promoting or advancing his candidacy for such office, 
or influencing voters relative to his said candidacy in or upon 
any magazine, program, bill of fare, ticket for any ball or 
other entertainment, or upon or in any other substance or 
publication whatsoever, except in a daily, weekly or monthly 
newspaper which has been regularly and bona tide published 
and circulated for at" least three months before such adver¬ 
tisement is to be inserted therein. It shall be unlawful for 
any other person to do or perform for or on behalf of any 
such candidate or to help or injure the candidacy of any 
candidate, any of the acts or things which it is by this act 
made unlawful for such candidate to do. 

Sec. 49. It shall be unlawful for any person to solicit from 
any candidate for nomination for any office included in the 
provisions hereof, any money or other property. The pro¬ 
visions of this section shall not apply to requests for con¬ 
tributions of money by or to an authorized representative of 
the political party committee of the organization to which 
such candidate belongs, and shall not apply to any regular 
business transaction between any such candidate and any 
other person, which is not intended for or connected with the 
securing of votes or the influencing of voters in connection 
with such nomination. 

Sec. 50. It shall be unlawful for any candidate for nomi¬ 
nation for any office included in the provisions of this act, or 
any other person on his behalf, for the purpose of helping 
his candidacy for such office, directly or indirectly to pay for 
publishing or cause to be inserted or published in any news¬ 
paper any lithograph, half-tone engraving or other likeness 
of such candidate larger than one and one-half inches in 
width by two inches in height or any advertisement in which 
more than ten per centum of the printed matter is printed 
in a larger type than the regular type used in printing the 
editorials of such newspaper, excepting therefrom the name of 
such candidate and the title of the office for which he is a 
candidate, and no such candidate shall pay for, or, directly or 
indirectly, cause any advertisement or any likeness of him¬ 
self to be inserted or published in any such newspaper which 
charges or demands from him a higher rate therefor than 
the highest regular rate which such newspaper charges other 




PRIMARY ELECTION LAWS. 


31 


persons or firms for non-political advertisements for the same 
space, position and number of insertions, and all candidates 
shall exercise reasonable diligence to ascertain what such 
regular advertising rate is before inserting any such ad¬ 
vertisement, and if he shall be misinformed as to such rate 
lie shall not be held responsible under the provisions of this 
act for such illegal publication. It shall be unlawful for any 
person, firm or corporation or employe thereof, soliciting or 
receiving any such advertisements or printed matter for any 
such newspaper from any such candidate, to misinform any 
such candidate as to such advertising rates. 

Sec. 51. It shall be unlawful for any candidate for nomi-Treatmg 
nation under the provisions of this act, after he has an- 11 aw u ' 
nounced himself as a candidate for any office included in this 
act, or after he has filed his petition to have his name placed 
upon the primary ballot as herein provided, and before the 
close of the polls on any primary day, in any store, saloon, 
hotel, hall or other public building, public street 1 or place 
within the territory from which he seeks a nomination, di¬ 
rectly or indirectly to buy or give to, or cause to be bought 
for, or given to, any elector residing therein any spirituous, 
malt, brewed, fermented or other intoxicating liquor or bever¬ 
age. It shall be unlawful for any person for or on behalf 
of any such candidate, or to help or injure the candidacy of 
any candidate, in any of the places included in this section, 
to buy for, give to, or cause to be bought for or given to 
any elector, any of the liquors or beverages included in this 
section for the purpose of influencing the vote or support of 
such elector for or against any such candidate, or when it 
is announced or made known in any way to any such elector 
before or after such beverage is served that the same are 
given or served for the purpose of assisting or injuring the 
candidacy of any candidate, or influencing the action of such 
elector in relation thereto, it being the intent of this section 
to prohibit the prevailing custom of treating by candidates 
for nomination for public office or by any other person on 
behalf of such candidates. 

Sec. 52. Any person who shall do or perform any act or Misdemeanor, 
thing which is by this act made unlawful for him to do, shall 
be deemed guilty of a misdemeanor, and upon conviction Penalty, 
thereof shall be punished by a fine not to exceed five hundred 
dollars or by imprisonment not exceeding six months, or both, 
in the discretion of the court. 

Sec. 53. When by this act any act or duty is required to 
be done or performed by or under the direction, supervision duty, 
or authority of any officer, and such act or duty shall not 
be done or performed, then the officer who shall neglect 
to perform such act or duty, or who shall be responsible tor 
such neglect, shall be guilty of a misdemeanor and Shall be 
punished as provided in section fifty-five hereof. 



32 


STATE OF MICHIGAN. 


Prosecution 


Certain 
sections of 
act posted. 


Duty of 
clerk, etc. 


Election day, 
what deemed. 


Proviso. 


Acts repealed. 


Sec. 54. No prosecution for any offense mentioned in this 
act shall he maintained unless it shall be commenced within 
six months after the date of the primary election in connec¬ 
tion with which the offense is alleged to have been committed. 
Neither the complaining witness, nor any other person who 
may be called to testify in behalf of the people in any such 
proceeding, shall be liable to criminal prosecution under this 
act for any offense in respect to which he shall be examined 
or to which his testimony shall relate, except to prosecution 
for perjury committed in such testimony. 

Sec. 55. It shall be the duty of the county clerk of each 
county to cause to be printed large cards or posters contain¬ 
ing verbatim the whole of sections thirty-four and forty-six 
of this act, and shall furnish two of the same to the board of 
primary election inspectors of each election precinct in his 
county at the same time that the official ballots for use at 
primary elections are delivered and the board of primary 
election inspectors shall cause the said posters to be posted 
in conspicuous places in the polling places so that the same 
can be plainly seen and read by all persons at any primary 
election. It shall be the duty of the clerk of any city, town¬ 
ship or village in which this act is operative to deliver to the 
board of primary election inspectors of each election precinct 
within his jurisdiction, before the time for opening of the 
polls on primary election day, the register of electors and 
the blanks for poll lists and returns and any other supplies 
necessary to carry out the provisions of this act not herein 
otherwise provided for. 

Am. 1913, Act 118. 

Sec. 56. The day on which any primary election shall be 
held pursuant to the provisions of this act, shall be deemed 
to be an election day in any city, county or district where 
such primary election is held within the meaning of section 
seventeen of act number three hundred thirteen of the public 
acts of eighteen hundred eighty-seven, entitled “An act to 
provide for the taxation and regulation of the business of 
manufacturing, selling, keeping for sale, furnishing, giving or 
delivering spirituous and intoxicating liquors, and malt, 
brewed or fermented liquors, and vinous liquors in this State, 
and to repeal all acts and parts of acts inconsistent with the 
provisions of this act:” Provided, That such primary election 
day shall not be deemed an election dav or a holiday for anv 
purpose except as indicated in this section. 

Am. 1911, Act 279. 

Sec. 57. Act number four .of the public acts of the extra 
session of nineteen hundred seven, entitled “An act relative 
to the nomination of party candidates for public office and 
delegates to political conventions, to regulate primary elec¬ 
tions and to prescribe penalties for violations of its pro- 



PRIMARY ELECTION LAWS. 


33 


visions,” and all local primary election acts or other acts 
contravening the provisions of this act are hereby repealed. 

Am. Id. 


PRESIDENTIAL PRIMARY LAW. 

AN ACT to provide for the expression by the qualified voters 
of the several political parties of their choice for the nomi¬ 
nation by their party for the president of the United 
States, (a) 


[Act 9, P. A. 1st Ex. Sess., 1912.] 


The People of the State of Michigan enact: 

Section 1. On the first Monday in April, nineteen hundred when primary 
twelve, and on the first Monday in April in every four years held - 
thereafter there shall be held a primary nominating election 
in every voting precinct of this State, which shall be known 
as the April presidential primary election, at which the 
qualified voters of the several political parties, shall have the 
opportunity on separate ballots provided for that purpose to 
express their preference as to the nominees of their respective 
parties for the office of president of the United States. 

Am. 1915, Act 219. 

Sec. 2. The names of any candidates for the office of presi- Names, when 
dent of the United States shall be printed on the official ballot ° n 
primary ballot solely upon petition of their political support¬ 
ers in Michigan, which petition shall be signed by not less Petition, when 
than one hundred of the qualified voters of such political m e d Where 
party, and said petition shall be filed with the secretary of 
state on or before twelve o’clock noon, March twenty-three, 
nineteen hundred twelve, and on or before twelve o’clock noon 
on the first day of March in each fourth year thereafter. The canvass and 
nominating ballots as herein provided for shall be counted, return - 
canvassed and returned in the same manner as the names and 
petitions of the aspirant for the party nomination for the 
office of governor are now required to be marked, filed, 
counted, canvassed and returned. 

Am. Id. 


. Sec. 3. All nominating 
form: 


petitions shall be in the following Form of 

petition. 


(a) Title Am. 1915, Act 219. 






34 


STATE OF MICHIGAN. 


We, the undersigned voters of the. 

party of the city (or township) in the county of. 

State of Michigan, hereby nominate. 

of the state of..’.as a candidate of 

.party for the office of president of the 

United States to be voted for at the April presidential pri¬ 
mary election to be held on the.day of April 

., as representing the best principles of said 

party, and we further declare that we intend to support the 
political party named herein. 

Name. Residence. Date of Signing. 


Am. Id. 


Notice of 
election. 


Form 
of ballot. 


Sec. 4. The secretary of state shall, immediately after 
the final date of filing petitions herein provided for, forward 
to the several county clerks in the State of Michigan, notice 
that a presidential primary election will be held in all the 
voting precincts in this State on the first Monday in April, 
nineteen hundred twelve, and the same notice in each fourth 
year hereafter as herein provided for, together with a copy 
of the official ballot to be provided for at such election which 
shall have printed thereon the names of all candidates for the 
office of president of the United States as ascertained by 
the nominating petitions on file with him; said names to be 
alternated on said ballots in accordance with the provisions 
of the State primary election law. 

Sec. 5. The official presidential preference primary bal¬ 
lot shall be as follows: 


OFFICIAL PRIMARY ELECTION BALLOT 

. Party, . Apr. 

Instruction to voters. 

To vote for a person whose name appears on the ballot 
mark an (x) in the square in front of the name of the per¬ 
son for whom you wish to vote. To vote for a person whose 
name is not on the ballot, write his name on the blank space 
provided for. Vote only for one person. 



John Dow 


Richard Roc 


James Jones 
































PRIMARY ELECTION LAWS. 


35 


The color, size and form of ballot, except as herein pro- Color, etc. 
vided, to be the same as required by the State primary elec¬ 
tion laAv. 

Sec. G. It shall be the duty of each county clerk upon the Duty of 
receipt of the list of candidates and notice of election to county clerk 
cause the required number of presidential election ballots for 
every voting precinct in the county to be printed, containing 
the names of candidates as certified to by the secretary of 
state. The ballots shall be numbered and one corner per¬ 
forated in the same manner as is required for the numbering 
and perforating of ballots under the regular State- primary 
election. 

Am. 1915, Act 219. 

Sec. 7 repealed by Act 219 of 1915. This section provided for the payment 
l»y the state of the expense of printing the primary ballots. 

Sec. 8. The candidate receiving the highest number of How choice 
votes in the State at said election shall be declared to be the declared - 
candidate and the choice of such political party for this 
State. 

Sec. 9. All acts or parts of acts inconsistent with or con¬ 
travening the provisions of this act are hereby repealed. 


ABSENT VOTERS. 

AN ACT to provide a method of voting at any general, special 
or primary election by electors in the actual military service 
of the United States or of this State, or in the army and 
navy thereof, in time of war, insurrection or rebellion, by 
members of the Legislature while in attendance at any ses¬ 
sion of the Legislature, by students while in attendance at 
any institution of learning, and by commercial travelers 
absent from their place of residence upon the day of any 
general, special or primary election; to provide for the time 
of holding primary elections, caucuses or conventions for 
the nominations of candidates; to provide the time for 
printing official ballots and to repeal all acts or parts of acts 
inconsistent herewith. 

[Act 270, P. A. 1915.] 

The People of the State of Michigan enact: 

Section 1. For the purposes of this act the term “absent Absent voter 
voter” shall be taken to mean any elector in the actual military (e ne ’ 
service of the United States or of this State, or in the army or 
navy thereof, in time of war, insurrection or rebellion, mem¬ 
bers of the Legislature while in attendance at any session of 





36 


STATE OF MICHIGAN. 


Commercial 

traveler 

defined. 


How absent 
voter may 
vote. 


Application 
to clerk. 


the Legislature, students while in attendance at any institu¬ 
tion of learning, -and commercial travelers who are absent 
from their legal residence upon the day of any general, special 
or primary election, and who are qualified electors of this 
State, as contemplated by section one of article three of the 
constitution. The term “commercial traveler” shall be taken 
to mean a person engaged in soliciting the sale of goods, by 
the exhibition of samples, or by catalogue or other device, for 
the purpose of effecting such sales and taking orders for goods 
to be subsequently shipped by his employer; the term “dis¬ 
trict” as used in this act shall be deemed to mean that section 
or territory over which the city, village or township clerk has 
jurisdiction. 

Sec. 2. Any absent voter, as defined by section one of this 
act, who will be entitled to vote on election day, who is absent 
from the county of which he is an elector, on the day of hold¬ 
ing any general, special or primary election, held for the pur¬ 
pose of nominating or electing national, State, legislative, 
county, township, city, village or other municipal officers, or 
for the adoption or rejection of constitutional amendments or 
initiated or referred measures, or other propositions submit¬ 
ted, may vote at any such election as hereinafter provided. 

Sec. 3. At any time within thirty days next preceding such 
election, any of the aforesaid voters expecting to be absent on 
the day of such election from the county in which his voting 
precinct is situated, may make application to the township, 
city or village clerk of his district either in person or by mail, 
upon a blank to be furnished by the county clerk to the vari¬ 
ous township, city or village clerks for that purpose, for the 
official ballot or ballots to be voted at such election. Such ap¬ 
plication blank shall upon request therefor, be sent by such 
township, city or village clerk to said absent voter by mail or 
shall be delivered to said voter upon application made per¬ 
sonally at the office of such township, city or village clerk. 
Such application blank shall be in substantially the follow¬ 
ing form, and shall be signed and sworn to by the applicant 
before some officer authorized to administer oaths: 


Form of 
blank. 


Application for absent voter’s ballot for the election to be 
held on ., 19.... 

I, ., a duly qualified elector of the pre¬ 
cinct of the township of., or village of 

., or of the. precinct off 

the. ward of the city of ., in the 

county of., and State of Michigan, and a 

.expecting to be absent from the said 

(Give occupation.) 

county on the day for holding such election, hereby make ap¬ 
plication for an official ballot, or ballots, to be voted by me at 

such election. I request an official ballot of. . 

party. 














PRIMARY ELECTION LAWS. 


37 


(To be filled in for primary elections only.) 

l )a t e .) Send absent voter ballot to 

Signature of applicant.v Postoffice. 

Home address of applicant- ) Street address, if any. 

\ • • t 

Sec. 4. Upon receipt of such application blank, it shall be cierk to file 
the duty of the township, village or city clerk to file the same appifcation. 
in his office and to enter the name of said voter, together with 
the address to which such ballot or ballots are to be sent, 
upon a list to be kept by such clerk for such purpose, together 
with the date of receiving the same, the date of mailing the 
ballot or ballots to such voter, the date of receiving the ballot 
from such voter, and such other information as may seem 
necessary or advisable. The clerk shall keep a separate list or separate 
record for each voting precinct in his district. As soon as prednctS* 
the ballots are printed the said clerk shall mail one each of cierk to mail 
the ballots to be voted as hereinafter prescribed to said ab- ballot - 
sent voter, provided he be properly registered or enrolled, or 
will be a qualified elector at the coming election, at the ad¬ 
dress named, and the said voter shall return the same to said Return 
clerk so that it can be delivered by him into the hands of the of ballot - 
board of election inspectors of such elector’s jmecinct before 
the closing of the polls on election day. 

Sec. 5. The ballots required for any general, special or when ballots 
primary election shall be delivered to the county clerk at the tocIerk d 
earliest possible time after the approval of the proof thereof, 
and at least twelve days before election. The county clerk Delivery to 
shall immediately deliver to each of the township, village or etc V , n cie?ks. 
city clerks, and in two separate packages, the number of offi¬ 
cial ballots to which such township, village or city is entitled 
• by law. Twenty-five per cent of the total number of ballots First package, 
to which the various townships, villages or cities are entitled, 
together with such additional number as the county clerk 
may deem to be necessary upon a proper showing by the re¬ 
spective township, village or city clerks beginning with ballot 
number one, and including the consecutive numbers there¬ 
after, shall be enclosed in one package, as many as are neces¬ 
sary thereof to be used for absent voters as herein provided. 

The remainder of such ballots shall be enclosed in a second second 
package, sealed as now required by law, and shall be kept in- P ackage - 
tact by the various township, village or city clerks in some 
safe and secure place with a seal thereon unbroken until 
election day, as now required: Provided, That any township, proviso, 
village or city, or other elections where the ballots are not o^baUots. 
printed by the order of or delivered to the county clerk, such 
ballots shall be ordered printed as now provided by law, ex¬ 
cept as to time, and placed in the hands of such township, 
village or city clerks at least twelve days before election, and 
the same per centum of such ballots shall be retained sepa¬ 
rately by such clerk as is above provided for the use of absent 
voters when delivered by the county clerk. 









38 


STATE OF MICHIGAN. 


Instructions 
with ballots 
for absent 
voters. 


Township, 
etc., clerk to 
initial ballots. 


To forward 
ballots. 


To enclose 

addressed 

envelope. 


Sec. 6. The city, township or village clerk, as the case 
may he, shall enclose with each ballot sent to absent voters 
separate printed instructions to be furnished by the county 
clerk containing the following: Upon receipt of this ballot 
you will proceed to mark the same in accordance with the in¬ 
structions enclosed, then fold the same so that the corner 
bearing the initials of the township, village or city clerk may 
be seen without unfolding the ballot. Id ace the ballot in the 
envelope enclosed herewith and securely seal the same. Make 
out the affidavit printed upon the back and swear to the same 
before a notary public, or other person authorized to admin¬ 
ister oaths, place the necessary postage upon the envelope 
and deposit the same in the postoffice or in some government 
receptacle provided for the deposit of mail matter. This bal¬ 
lot to be valid, must be mailed so that it will reach the town¬ 
ship, village or city clerk in which your precinct is located, in 
time to be deposited by him with the proper election board 
before the closing of the polls on election day. 

Sec. 7. Upon receipt of the ballots herein provided for it 
shall be the duty of the said township, village or city clerk 
to initial a sufficient number of the same, in the same man¬ 
ner as is provided by law for the initialing of ballots by the 
inspectors of election, and to forward one of such ballots, or 
if there be more than one ballot to be voted, then one of each 
of such ballots, to each applicant for the same from said 
clerk’s district as shown by the list provided for in section 
four of this act, using due care that the same be mailed post¬ 
age prepaid, at least ten days before the opening of the polls 
on election day. He shall enclose With such ballot an envelope 
which shall bear upon the front thereof the name, official 
title and postoffice address of such township, village or city 
clerk, together with a request for return if not called for 
within three days, and upon the other side a printed affidavit 
in substantially the following form: 


Form of 
affidavit. 


State of. { 

County of.j SS 

I,., do hereby solemnly swear that I am a 

resident of the.precinct of the j ^ j- of. 

the. precinct of the. 

ward of the city of.State of Michigan and en¬ 


titled to vote in such precinct; that the enclosed ballot was 
marked by me personally and enclosed in this envelope and 
sealed by me without being exhibited to any other person. 


(Signature of absent voter) 
Subscribed and sworn to before me, a . 













PRIMARY ELECTION LAWS. 


39 


iii and for.county, State of., this 

.day of., 19_ 


(Signature of official) 

Official title . 

Commission expires ... 

Sec. 8. Upon receipt of such ballot or ballots, the voter to now ballot 
whom the same is addressed shall mark the same in accord- voted - 
ance with the printed instructions; shall fold and enclose the 
same in the envelope provided therefor and after sealing said 
envelope he shall till out the affidavit printed on the back 
thereof and sign and swear to the same before a notary pub¬ 
lic, or other person authorized to administer oaths, and, after 
placing thereon the necessary postage, he shall deposit the 
same in the postoffice or in some government receptacle pro¬ 
vided for the deposit of mail matter. The ballot, in order to 
be valid, must be received by the township, village or city 
clerk in time for him to deposit the same with the election 
board in such elector’s voting precinct before the closing of 
the polls on election day. 

Sec. 9. Upon receipt of the envelope containing the marked clerk to 
ballots of any absent voter, it shall be the duty of the said toeIection lot 
clerk to safely keep the same in his office until election day board - 
and shall during the hours that the polls are open on election 
day deliver the same together with the signed application to 
the election board in such absent voter’s precinct. 

Sec. 10. It shall be the duty of the said election board to Board to 
verify the legality of such vote by a comparison of the signa- kjaifty 
ture to the affidavit with that upon the application of such of vote - 
elector, by an examination of the poll lists to see that such 
voter had not voted in person and is a registered or enrolled 
voter; by an examination of the affidavit of such voter to see 
that the same is properly filled out and attested. 

Sec. 11. When the said board shall have satisfied them- Board to 
selves that such vote is legal, that the affidavit is sufficient, in box! >a ot 
that the signatures correspond and that such voter has not 
voted in person in the precinct wherein he resides, they shall 
proceed to open the absent voter’s envelope and take out the 
ballot or ballots therein contained and, without unfolding the 
same or permitting the same to be opened or examined, they, 
or one of them, shall detach the perforated numbered corner 
and having satisfied themselves that the initials thereon are 
the initials of the township, village or city clerk, as the case 
may be, they shall deposit the same in the regular box or 
boxes provided for that purpose and shall deposit the ballot 
in the regular ballot box to be counted with the other ballots. 

They shall also enter upon the proper poll list the fact of to enter 
such voter having voted at such election by means of an ab-of/pofii£t! ne 
sent voter ballot. 











40 


STATE OF MICHIGAN. 


When ballot * 
to be rejected. 


Proceeding 

upon 

rejection. 


Clerk to 
deliver 
record, etc., 
to board. 

Unused 

ballots. 

Vote of 
absent voter 
who returns. 


Proviso, 
return of 
absent ballot 
to board. 


Penalty. 


When con 
ventions, 
primaries, 
etc., held. 


Penalty. 


Sec. 12. If upon the examination of the envelope contain¬ 
ing an absent voter’s ballot or ballots, the affidavit thereon is 
found to be insufficient, or that the signatures do not corres¬ 
pond, or if, upon examination of the poll list it is discovered 
that such absent voter has voted in person in the precinct 
wherein he resides, or if in any way it is determined by such 
board that such ballot is illegal, then such vote shall not be 
allowed, but, without opening the absent voter envelope, the 
board, or some member thereof, shall mark across the face of 
such envelope “rejected as defective” (or illegal as the case 
may be), and said envelope and the ballot or ballots con¬ 
tained therein shall be retained and preserved in the manner 
now provided by law for the retention and preservation of 
official ballots voted at such election. 

Sec. 13. At the opening of the polls on election day each 
township, village or city clerk shall deliver his record or rec¬ 
ords to the proper election board, together with any unused 
ballots in his possession; such unused ballots shall be the 
first used by the election board. 

Sec. 14. The provisions of this act shall not be construed 
so as to prohibit any absent voter, returning to his place of 
residence, from voting in person within his precinct at any 
general, special or primary election, nothwithstanding that 
he may have made application for an absent voter’s ballot 
and the same may have been mailed by the said clerk: Pro¬ 
vided, That such voter has not availed himself of the priv¬ 
ileges of an absent voter, as provided by this act, and voted 
the ballot mailed him by the said clerk, and provided he re¬ 
turns such ballot, if received, to the board by whom it shall 
be marked “cancelled” and placed in the regular ballot box 
with other ballots. Any voter so voting in person and by 
means of an absent voter ballot, or who shall attempt so to 
vote, shall be deemed guilty of a violation of this act and 
punished as hereinafter provided. 

Sec. 15. All caucuses, conventions or primary elections 
held for the purpose of nominating candidates for any elec¬ 
tion shall be held at least twentv davs before such election 

i • 

and in sufficient time so that the ballots may be printed and 
in the hands of the various county, township, village or city 
clerks, as the case may be, the number of days before election 
as herein provided notwithstanding any provisions of any 
law or statutes in contravention thereof, and all acts or parts 
of acts contravening any of the provisions of this act are 
hereby repealed. 

Sec. 16. Any person violating any of the provisions of 
this act shall be deemed guilty of a misdemeanor, and shall 
be punished, upon conviction thereof, by a fine of not less 
than ten dollars nor more than one .hundred dollars, or bv 
imprisonment in the county jail for not less Ilian ten days 
nor more than thirty days, or both such fine and imprison¬ 
ment in the discretion of the court. 



PRIMARY ELECTION LAWS. 


41 


Sec. 17. Failure, neglect or refusal on the part of any Failure, 
official to perform the duties required of him by this act, ^fuS° r 
shall constitute nonfeasance in office and as such shall sub¬ 
ject such official to removal from office as is provided by law. 


NOMINATION OF MEMBER OF NATIONAL COM¬ 
MITTEE. 

AN ACT to provide for the expression by the qualified en¬ 
rolled voters of the several political parties of their choice 
for the nomination by their party for the member of the 
national committee of the various political parties of this 
State, and making an appropriation to carry out the pro¬ 
visions of the same. 

[Act 392, P. A. 1913.] 


The People of the State of Michigan enact: 


Section 1. On the first Monday in April, nineteen hundred Primary for 
sixteen, and on the first Monday in April in every four years mitteemen. ra " 
thereafter, there shall be held a primary nominating election 
in every voting precinct of this State, at which the qualified 
voters, including those who shall be qualified on the first 
day of April, nineteen hundred sixteen, of the several politi¬ 
cal parties, shall have the opportunity on separate ballots 
provided for that purpose to express their preference for the 
members of the national committee of their respective parties. 

Sec. 2. The name of any candidate for the office of na- petition, who 
tional committeeman shall be printed on the official primary to Slgn> etc - 
ballot solely upon the petition of their political supporters 
in Michigan, which petition shall be signed by not less than 
one hundred of the qualified voters of such political party, 
and said petition shall be filed with the secretary of state 
on or before twelve o’cloc'k noon, March first, nineteen hun¬ 
dred sixteen, and on or before twelve o’clock noon of the first 
day of March in each fourth year thereafter. The nominat- Canvass, 
ing ballots as herein provided for shall be counted, canvassed, 
and returned in the same manner as the names and petitions 
of the aspirants for the party nomination for the office of 
governor are now required to be marked, filed, counted, can¬ 


vassed and returned. 

Sec. 3. All nominating petitions shall be in the following Nominating 

form: ' ES.' 

We, the undersigned qualified voters of the . 

party, of the city (or township) in the county of., 

State of Michigan, hereby nominate .. 









42 


STATE OF MICHIGAN. 


Notice of 
election, etc. 


Ballot, 
form of. 


County clerk, 
duty of. 


as a candidate of the. party for 

the office of National Committeeman to be voted for at the 

April primary election to be held on the the.day 

of April.. and we further declare that 

we intend to support.•.for the office 

of National Committeeman. 

Name . Residence . 

Date of Signing.■..'.. 

Sec 4. The secretary of state shall, immediately after the 
final date of filing petitions herein provided for, forward to 
the several county clerks of the State of Michigan notice that 
a primary election will be held in all the voting precincts in 
this State on the first Monday in April, nineteen hundred 
sixteen, and the same notice in each fourth year hereafter as 
herein provided for, together with a copy of the official bal¬ 
lot to be provided for at such election, which shall have print¬ 
ed thereon the names of all candidates for the office of na¬ 
tional committeeman as ascertained by nominating petitions 
on file with him; said names to be alternated on said ballot 
in accordance with the provisions of the said primary election 
law. 

Sec. 5. The official ballot shall be as follows: 

OFFICIAL PRIMARY ELECTION BALLOT 

. Party . Apr. 

To vote for one (1) person whose name appears on the bal¬ 
lot mark an (x) in the square in front of one of the names of 
the persons for whom you wish to vote. To vote for a person 
whose name is not on the ballot, write his name in the blank 
space provided for. Vote only for one (1) person. 


JOHN JONES 


WILLIAM SMITH 
THOMAS RYAN 


The color, size and form of ballot, except as herein pro¬ 
vided, to be the same as required by the State primary elec¬ 
tion law. 

Sec. 6 . It shall be the duty of each county clerk upon the 
receipt of the list of candidates and notice of election to 
cause the required number of election ballots for every voting 
precinct in the county to be printed, containing the names 
of candidates as certified to by the secretary of state. The 
ballots shall be numbered and one corner perforated in the 
same manner as is required for the numbering and perfor¬ 
ating of ballots under the regular State primary election; 
and the expense of printing said ballots shall be borne by 
the State. 

Sec. 7 repealed by Act 151, P. A. 1915. This section provided for the 
payment by the state of the expense of printing the necessary ballots. 




















SELECTION OP STATE.CENTRAL COMMITTEES. 


State central 
committee, 
how elected. 


Proviso, 

nominations. 


Vacancy. 


AN ACT to provide for the election of State central commit¬ 
tees of the, several political parties in Michigan, and to re¬ 
peal all acts and parts of acts contravening the provisions 
of this act. 


[Act 231, P. A. 1915.] 

The People of the State of Michigan enact: 

Section 1. At the first State convention held by any po¬ 
litical party within this State in the year nineteen hundred 
sixteen, at the first State convention of such political party 
in the year nineteen hundred seventeen and at the first State 
convention of such political party in every second year after 
nineteen hundred seventeen, a State central committee for 
such political party shall be selected, which committee shall 
consist of a chairman and two members from each congres¬ 
sional district: Provided, That the two members from each 
congressional district shall be nominated by the delegates to 
said State convention from said congressional district. At 
the first meeting of the committee so chosen the committee 
shall proceed to elect a secretary and a treasurer. 

Sec. 2. In the event of any vacancy occurring in the mem¬ 
bership of such State central committee, such committee shall 
have power to fill such vacancy. 

Sec. 3. All acts or parts of acts in any wise contravening 
the provisions of this act are hereby repealed. 


This Act supplants Act 395, P. A. 1913, appearing on page 43 of the 1915 
revision of the general primary election and other related laws. 




PRIMARY ELECTION LAWS. 


43 


Sec. 8. Tlie candidate receiving the highest number of choice of 
votes in the State at said election shall be declared to be the party - 
candidate and the choice of such political party for the office 
of national committeeman. 

Sec. 9. All acts or parts of acts inconsistent with or con¬ 
travening the provisions of this act are hereby repealed. 


SELECTION OF STATE CENTRAL COMMITTEES. 

AN ACT to provide for the organization and election of the 
State central committees of the various political parties 
within this State, and to prescribe the manner of selecting 
the members thereof. 

[Act 395, P. A. 1913.] 

The People of the State of Michigan enact: 

Section 1. Each political party within this State shall state central 
have a State central committee, consisting of two members membersTetc. 
from each congressional district, a chairman and a secretary. 

Sec. 2. The members of the State central committee from how selected, 
each congressional district shall be selected in the same man¬ 
ner as is now provided by act number two hundred seventy- 
nine of the public acts of nineteen hundred eleven, for the 
nomination of party candidates for representatives in con¬ 
gress. 

Sec. 3. Immediately after the August primary provided in Cali of 
act number two hundred seventy-nine of the public acts of meeting - 
nineteen hundred eleven, the then chairman of the State cen¬ 
tral committee of each party shall-call a meeting of the mem¬ 
bers chosen, which meeting shall be held not later than ten 
days from the date of the said August primary election. At chairman 
this meeting the members so chosen shall proceed forthwith and secretary ' 
to elect a chairman and secretary, and shall, before adjourn¬ 
ment, issue a call for the State convention. 

Sec. 4. The members of the State central committee Terms 
elected under the terms of this act, shall hold office for two of office 

years from the date of their election. 

•/ 

Sec. 5. In the event of any vacancy in such State central vacancy, 
committee, the members thereof shall fill such vacancy by how filled ‘ 
electing thereto a qualified person or persons, from the con¬ 
gressional district in which such vacancy exists. 





44 


STATE OF MICHIGAN. 


Central 
polling places. 


Election 
inspectors, 
number, etc. 


Women 

voters, 

enrollment of. 


Separate 
books, and 
ballots. 


CENTRAL POLLING PLACES. 

AN ACT authorizing the common councils of cities of the 
fourth class to provide by ordinance for the establishment 
of central polling places. 

[Act 140, P. A. 1913.] 

The People of the State of Michigan enact: 

Section 1. In any city of this State, organized under the 
laws thereof as a city of the fourth class, it shall be lawful 
for the common council of said city to provide by an ordi¬ 
nance, passed by at least a majority of the aldermen elect of 
said city, for the establishment of a central polling place, to 
be centrally located, and to provide for the discontinuance 
and abolishment of all other polling places in said city. 

Sec. 2. The common council of any city establishing a cen- 
tral polling place may appoint four or more inspectors of 
election at the last meeting of said common council previous 
to every election, general or special, and said inspectors shall 
be governed by the general laws of this State in reference 
to their powers and duties as election inspectors. 


TRIM ARY ELECTION FOR SCHOOL OFFICERS. 

AN ACT in relation to a primary election to nominate can¬ 
didates for school offices. 

[Act 169, P. A. 1911.] 

The People of the State of Michigan enact: 

Section 1. Women who are entitled to vote at school elec¬ 
tions shall be entitled to enroll at the same times and places 
and in the same manner, as near as may be, in which male 
electors are enrolled. The proper election officers shall cause 
to be prepared and furnished separate enrollment books for 
the enrollment of such women voters. Such women voters 
shall be enrolled in such separate books under tlieir full 
names. Where candidates for school offices are to be nomi¬ 
nated at such primary election separate ballots containing 
the names of candidates for school offices shall be prepared 
for the use of the voters, and women who are enrolled in ac¬ 
cordance with this act shall have the right to vote for can- 




PRIMARY ELECTION LAWS. 


45 


didates for school offices at such primary election. The re¬ 
sults of such primary elections shall be certified by the proper 
boards of canvassers to the proper officials within ten days 
after such primary election. The provisions of act number Provisions 
two hundred eighty-one of the public acts of nineteen bun- a PP llcable - 
deed nine are hereby made applicable, except as the contrary 
may be herein expressed. 


[Extract from Act 164, P. A. 1881.] 

CHAPTER II. 

Sec. 17. In all school elections including school elections who 
held in districts organized and governed in whole or in part voters ed 
by a local act or acts, any provisions in such local act or 
acts to the contrary notwithstanding, every citizen of the 
United States of the age of twenty-one years, male or female, 
who owns property which is assessed for school taxes in the 
district, or who is the parent or legal guardian of any child 
of school age included in the school census of said district, 
and who has resided in said district three months next pre¬ 
ceding such election, shall be a qualified voter. On the ques- school taxes, 
lion of voting school taxes, every citizen of the United States 
of the age of twenty-one years, male or female, who owns 
property which is assessed for school taxes in the district, 
and who has resided in the district as above stated, shall be 
a qualified voter: Provided, That the purchaser of land upon Proviso, land 
a land contract, who actually pays the taxes upon such land hustSidand 
and resides thereon, may vote upon all questions; and where wife - 
a husband and wife own property jointly and same is as¬ 
sessed for school taxes in the school district, each may, if 
otherwise qualified, vote upon all questions' including the 
question of raising money: Provided, however, That this act Proviso, act 
shall not be applicable in any city having a population of applicable, 
two hundred fifty thousand or over which comprises a single 
school district, but in such city all male electors who shall 
possess the qualifications specified in section one, article 
three of the constitution of this State, and all females, who, 
if they were males, would be qualified electors, shall be quali¬ 
fied voters in all school elections in such city, and on ques¬ 
tions of voting school taxes therein, and such electors, male 
and female, shall be registered in the manner provided by 
law for the registration of male electors in any such city, 
and all such female electors shall he registered in a separate 
register, and in making the returns of such elections a sepa¬ 
rate return shall be made of the votes cast by women, but the 
aggregate vote returned shall include the votes of all women 




46 


STATE OF MICHIGAN. 


Election, etc. 
expenses of 
candidates, 
limit. 


Proviso, 
governor and 
lieutenant 
governor. 


Further 

proviso. 


Proviso. 


Treasurer, 
appointment, 
duty, etc. 


electors, it being the intent of this act that the qualifications 
of electors qualified to vote for school inspectors therein 
shall be governed by the provisions of law as they existed 
prior to the passage of act one hundred forty-six of the Pub¬ 
lic Acts of nineteen hundred thirteen. 

Am. 1909, Act S3; 1913, Act 14G ; 1915, Act 300. 


CORRUPT PRACTICE ACT. 

AN ACT to regulate and limit nomination and election ex¬ 
penses; to define and prevent corrupt and illegal practices 
in nominations and elections; to secure and protect the 
purity of the ballot, and to require accounts of nomination 
and election expenses to be filed, and providing penalties 
for the violation of this act. 

[Act 109, P. A. 1913.] 

The People of the State of Michigan enact: 

Section 1. No sums of money shall be paid, and no ex¬ 
penses authorized or incurred by or on behalf of any candi¬ 
date to be paid by him in order to secure or aid in securing 
his nomination to any public office or position in this State, 
in excess of twenty-five per cent of one year’s compensation 
or salary of the office for which he is candidate: Provided, 
That a sum not exceeding fifty per cent of one year’s salary 
may be expended by the candidates for governor and lieuten¬ 
ant governor ; or where the office is that of member of either 
branch of the legislature of the State, the twenty-five per 
cent shall be computed on the salary fixed for the term of 
two years: Provided further, That no candidate shall be re¬ 
stricted to less than one hundred dollars in his campaign for 
such nomination. No sums of money shall be paid and no 
expense authorized or incurred by or on behalf of any can¬ 
didate who has received the nomination to any public office 
or position in this State, in excess of twenty-five per cent of 
one year’s salary or compensation of the office for which he 
is nominated; or where the office is that of member of either 
branch of the legislature of the State, the twenty-five per 
cent shall be computed on the salary fixed for the term of 
two years: Provided, That no candidate shall be restricted 
to less than one hundred dollars. No sum of money shall be 
paid and no expenses authorized or incurred by or on behalf 
of any candidate contrary to the provisions of this act. 

Sec. 2. Every political committee shall appoint a treasurer 
who shall receive, keep and disburse all sums of money which 





PRIMARY ELECTION LAWS. 


47 


may be collected or received bv such committee or bv any of 
its members for election expenses; and unless such treasurer 
is first appointed it shall be unlawful for a political com¬ 
mittee or any of its members to collect, receive or disburse 
money for any such purpose. 

Sec. 3. No candidate and no treasurer of any political Expenditures, 
committee shall pay, give or lend, or agree to pay, give or £w1ui deemed 
lend, either directly or indirectly, any money or other val¬ 
uable thing for any nomination or election expenses what¬ 
ever, except for the following purposes: 

First, For traveling expenses and personal expenses inci¬ 
dent thereto, for printing, stationery, advertising, postage, 
expressage, freight, telegraph, telephone and public messenger 
services; 

. Second, For dissemination of printed information to the 
public; 

Third, For political meetings, demonstrations and conven¬ 
tions; 

Fourth, For the rent, maintenance and furnishing of offices; 

Fifth, For the payment of clerks, typewriters, stenogra¬ 
phers, janitors, and messengers actually employed; 

Sixth, For the employment of challengers at primaries and 
elections, to the number allowed by law as such; 

Seventh, For the payment of public speakers and musicians 
at public meetings, and their necessary traveling expenses; 

Eighth, For copying and classifying of election registers 
or poll lists and investigating the right to vote of the persons 
listed or registered therein, and conducting proceedings to 
purge the registers and lists, and prevent improper or un¬ 
lawful registration or voting; 

Ninth, For making canvasses of voters; 

Tenth, For conveying infirm or disabled voters to and from 
the polls; 

Eleventh, For employing as counsel, attorneys licensed to 
practice in accordance with the laws of the State, and for 
the necessary expenses of such counsel. 

None of the provisions of this act shall be construed as re¬ 
lating to the rendering of services by speakers, writers, pub¬ 
lishers, or others, for which no compensation is asked or 
given. 

Sec. 4. Every candidate and every treasurer of a political Candidate and 
committee shall, within ten days after any primary election, m^ccount, 
caucus or convention and again within twenty days after etc - 
any general election, whether State, county, city, municipal, 
township or district election, in or concerning which he shall 
have received or disbursed any money, prepare and file in 
the office of the county clerk of the county in which such 
candidate or treasurer resides, a full, true and detailed ac¬ 
count and statement subscribed and sworn to by him before 
an officer authorized to administer oaths, setting forth each 
and every sum of money received or disbursed by him for 



48 


STATE OF MICHIGAN. 


What to 
set forth. 


Account filed 
before oath 
administered, 
etc. 


Open to pub¬ 
lic inspection. 


Statements, 

inspection, 

etc. 


Failure to 
file, etc. 


nomination or election expenses, the date of each receipt, 
the name of the person from whom received or to whom 
paid, and the person to whom and object or purpose for which 
disbursed. Such statements shall also set forth the unpaid 
debts and obligations, if any, of such candidate or committee, 
incurred for the purposes set forth in section three of this 
act, with the nature and amount of each, and to whom owing, 
in detail, and if there are no such unpaid debts or obligations 
of such candidate or committee, such statement shall state 
such fact. 

Sec. 5. It shall be unlawful to administer the oath of 
office or to issue a commission or certificate of nomination or 
election to any person nominated or elected to any public 
office until he has filed an account as required by this act, 
which account shall upon its face be complete and show a 
lawful compliance with this act, and no such person shall 
enter upon the duties of his office until he has filed such 
account, nor shall he receive any salary or fees for any period 
prior to the filing of the same. 

Sec. 6 . All such accounts shall be open to public inspec¬ 
tion in the offices where they are filed and shall be carefully 
preserved there for a period of one year, and it shall be the 
duty of the officers having custody of the same to give cer¬ 
tified copies in like manner as of other public records. 

Sec. 7. The several officers with whom statements are 
required to be filed shall inspect all statements of accounts 
and expenses relating to nominations and elections filed with 
them within ten days after the same are filed; and if upon 
examination of the official ballot it appears that any person 
has failed to file a statement as required by law, or if it ap¬ 
pears to any such officer that the statement filed with him 
does not conform to law, or upon complaint in writing by 
a candidate or by a voter that a statement filed does not 
conform to law or to the truth, or that any person has failed 
to file a statement which he is by law required to file, said 
officer shall forthwith in writing notify the delinquent person 
to comply with this act. 

Sec. 8. Upon the failure of any person to file a statement 
within ten days after receiving such notice, or if any state¬ 
ment filed discloses any violation of any provision of this 
act, the county clerk shall forthwith notify the prosecuting 
attorney of the county where said violation occurred, and 
shall furnish him with copies of all papers relating thereto, 
and said prosecuting attorney shall on such complaint or the 
complaint of any other person, forthwith enter the same in 
a docket kept for that purpose in his office, and within 
twenty days thereafter examine every such case, and if the 
evidence seems to him to be sufficient under the provisions of 
this act he shall, in the name of the people of the State, forth¬ 
with institute such civil or criminal proceedings as may be 
appropriate to the facts. 



PRIMARY ELECTION LAWS. 


49 


Sec. 9. Xo person otherwise competent as a witness shall witness, when 
he excused from answering any question, in any proceedings not excused - 
under this act, on the ground that such answer would tend 
to incriminate him; but no prosecution can afterwards be 
had against such witness for any such offense concerning 
which lie testified for the prosecution except in an action for 
perjury in giving such testimony. 

Sec. 10. The secretary of state shall, at the expense of Blanks, by 
the State, furnish to the proper county, city, village or town fSnSied. 
clerks blanks in a form approved by the attorney general, 
suitable for the statements hereinbefore required. 

Sec. 11. Xo person who is not a candidate, or the treas- contributions, 
urer of a political committee, shall pa} r , give or lend, or agree payable 1 
to pay, give or lend, any money whether contributed by him¬ 
self or by any other person, for any election expenses what¬ 
ever, except to a candidate or to a political committee. 

Sec. 12. Xo person shall make a payment of his own Money 
money or of another person's money to any person in connec- ? red ^. ed n 
tion with a nomination or election in any other name than furnishing, 
that of the person who in truth supplies such money; nor 
shall any person knowingly receive such payment or enter 
or cause the same to be entered in his accounts or records in 
another name than that of the person by whom it was ac¬ 
tually furnished. 

Sec. 13. It shall be unlawful for any candidate, or treas- Anonymous 
urer of a political committee, or person acting as such treas- contribu t ioil s 
urer, to disburse money received from any anonymous source. 

Sec. 14. Xo officer, director, stockholder, attorney, agent officer, etc., of 
or any other person, acting for any corporation or joint stock ^monition, 
company, whether incorporated under the laws of this or any contribute, 
other State or any foreign country, except corporations form¬ 
ed for political purposes, shall pay, give or lend, or authorize 
to be paid, given or lent, any money belonging to such cor¬ 
poration to any candidate or to any political committee, for 
the payment of any election expenses whatever. 

Sec. 15. It shall be unlawful for any employer, either unlawful to 
corporation, association, company, firm or person, in paying empfoyes etc ” 
the salary or wages of any of its, their or his employes, to 
enclose their pay in pay envelopes, upon which there is writ 
ten or printed any political notice, device or argument, con¬ 
taining any threat, expressed or implied, intended or cal¬ 
culated to influence the political opinion, views or actions 
of such employes so paid. Xor shall it be lawful for any em¬ 
ployer, either corporation, association, company, firm or per¬ 
son, within ninety days of any election or primary election 
provided b} r law, to put up or otherwise exhibit in its, their, 
or his factory, workshop, mine, mill, boarding house, office or 
other establishment or place where its, their or his employes 
may be working or be present in the course of such employ¬ 
ment, any hand bill, notice or placard containing any threat, 
notice or information that in case any particular ticket or 



50 


STATE OF MICHIGAN. 


Newspaper 
advertise¬ 
ments to be 
marked paid. 


False state¬ 
ment, etc. 


Proviso. 


Penalty for 
violation. 


Terms 

defined. 


candidate shall be nominated or elected, work in its, their 
or his place or establishment will cease, in whole or in part, 
or its, their or his establishment will be closed, or the wages 
of its, their or his workmen shall be reduced; or any other 
threats, expressed or implied, intended or calculated to in¬ 
fluence the political opinion or act of its, their or his em¬ 
ployes. 

Sec. 10. No publisher of a newspaper or other periodical 
shall insert, either in its advertising or reading columns, any 
paid matter which is designed or tends to aid, injure or de¬ 
feat any candidate or political party or organization, or meas¬ 
ure before the people, unless it is stated therein that it is a 
paid advertisement. No person shall pay the owner, editor, 
publisher or agent of any newspaper or other periodical to 
induce him to editorially advocate or oppose any candidate 
for nomination or election, and no such owner, editor, pub¬ 
lisher or agent shall accept such payment. 

Sec. 17. If any letter, circular, poster, bill, publication or 
placard shall contain any false statement or charges reflecting 
on any candidate’s character, morality or integrity, the au¬ 
thor thereof and every person knowingly assisting in the cir¬ 
culation thereof shall, upon conviction thereof, be subject to 
the penalties provided for the violation of this act: Pro¬ 
vided, That this shall in no wise deprive the injured party 
of any other action for libel given by law. 

Sec. IS. Any person who shall incur any illegal election 
expenses, or otherwise violate any of the provisions of this 
act, shall upon conviction thereof be punished by a fine of not 
more than one thousand dollars, or by imprisonment for not 
more than two years, either or both, at the discretion of the 
court. 

Sec. 19. Terms used in this act shall be used as follows, 
unless other meaning is clearly apparent from the language 
or context, or unless such construction is inconsistent with 
the manifest intent of the law: 

Candidate” shall apply to any person whose name is print¬ 
ed on an official ballot for public office, or whose name has 
been presented for public office, with his consent, for nomina¬ 
tion or election; 

“Political committee” or “committee” shall apply to every 
combination of two or more persons who shall aid or pro¬ 
mote the success or defeat of a candidate, or a political party 
or principle or measure ; 

“Public office” shall apply to any national, State, county 
or city ward, village or town office which is filled by the voters 
of this State, as well as to the office of presidential elector 
and United States senator; 

“Town” shall apply to incorporated towns as well as to 
townships. 

Sec. 20. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed: Provided, That 


Proviso. 



PRIMARY ELECTION LAWS. 


51 


the repeal of such acts or parts of acts, or any of them, shall 
not be construed to affect any offense committed, or any 
prosecution or proceeding instituted or pending under the 
laws so repealed. 

Sec. 21. No person or organization shall ask, demand or unlawful to 
request of or from any candidate for any public office sub- contribution,’ 
sequent to any public announcement of the candidacy for etc - 
any nomination for such office, any donation, gift or con¬ 
tribution, purchase of tickets, or similar demands. This sec¬ 
tion shall be held to extend to include religious, charitable, 
or social organizations or any person working in their behalf. 


TRIPLICATE INSPECTORS’ STATEMENT. 


§ 3648. Sec. 3S. Immediately after the count of the How result 
tickets or ballots has been completed, the result and the num- declared - 
ber of votes received by each candidate or person on the 
ticket shall be publicly declared by one of the inspectors. The Triplicate 
inspectors shall then prepare a statement of the result in statements - 
triplicate showing the whole number of votes cast for each 
office, the names of the persons for whom such votes were 
given and the number each person received, in which state¬ 
ments the whole number of votes given for each office and 
the number given for each person shall be written out in 
words at length. Such triplicate statements, when certified to whom 
by the inspectors, and duly signed, shall be delivered to the maff e e d ed ° r 
township or city clerk, and shall by said clerk be delivered 
in person within twenty-four hours after the result is de¬ 
clared, or immediately forwarded by registered mail, one copy 
to the secretary of state at Lansing, Michigan, one copy to 
the board of county canvassers, in care of the judge or register 
of probate, and the other, together with one of the original 
tallv sheets, to the county clerk, which said statements and 
tally sheets shall be placed in separate envelopes and sealed 
by said inspectors before their delivery to the township or 
city clerk: Provided, That the copy mailed to the secretary p rov iso. 
of state, shall give the whole number of votes cast for each 
candidate for presidential elector, congressman, State officer, 
member of the legislature, and the number of votes cast for 
and against each constitutional amendment. 

Am. 1901, Act 214 ; 1913, Act 218. 







X 


LIB 


: ARY OF COj OR || 

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